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2025 DAILYLAW 38127 (BOM)

AKSHAY DNYANESHWAR KAMBLE v. STATE OF MAHARASHTRA

BA/1016/2025 · 2025-09-17

Shri Shivkumar Dige

body2025

Judgment text

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27-1016-25-ba.doc Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1016 OF 2025 Akshay Dnyaneshwar Kamble .....Applicant Vs. The State of Maharashtra .....Respondent Mr. Ritesh Thobde a/w Mr. Darshan Singh Rajpurohit, Mr. Mervin Bardeskar, Mr. Changdev Shingade and Ms. Hansika Jadhav for the applicant. Mr. S. S. Chaudhari APP for the State. CORAM : SHIVKUMAR DIGE, J. DATE : 17th SEPTEMBER 2025 P.C.: 1. By this application, applicant is seeking regular bail in Crime No. 430 of 2024 registered with Vijapur Naka Police Station, Solapur, District Solapur for offences punishable under Sections 109, 115(2), 352, 351(2), 103(1), 3(5), 189(2), 191(3), 191(2) of Bhartiya Nyay Sanhita, 2023 (for short “BNS”). 2. It is the prosecution’s case that the applicant and co- accused assaulted the deceased on the ground of confiscating motor bike of accused no. 1. The deceased was the employee of the bank, who wants to confiscate the bike of the accused no.1 1/3 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.09.19 12:35:05 +0530 27-1016-25-ba.doc for non payment of loan installment. 3. It is the contention of learned counsel for the applicant that the applicant is entitled for bail on the principle of parity as this Court (Coram : N. R. Borkar J.) has granted bail to co- accused Vishal Jadhav against whom the same allegations are leveled like the applicant. Hence, requested to allow the application. 4. Learned APP strongly objected to allow the bail application on the ground that the applicant is not entitled for bail on the principle of parity as the applicant assaulted the deceased with fist and kick blows. Hence, requested to reject the application. 5. I have heard both the counsel. Perused the FIR and documents produced on record. 6. The main allegations of assaulting the deceased are against the accused nos. 1 and 2. The allegations against the co- accused Vishal Jadhav and the applicant are same. The co- accused Vishal Jadhav has been released on bail by this Court. Considering this fact, the applicant is entitled for bail on the principle of parity and I pass following order : 2/3 27-1016-25-ba.doc O R D E R I. Application is allowed. II. Applicant be enlarged on bail in Crime No. 430 of 2024 registered with Vijapur Naka Police Station, Solapur, District Solapur on executing P.R.Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount. III. Applicant shall attend the concerned police station once in a month i.e. on first Saturday between 11.00 a.m. to 1.00 p.m. till conclusion of trial. 7. The application is allowed in the aforesaid terms and is accordingly disposed off. 8. It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 9. All concerned to act on the authenticated copy of this order. [SHIVKUMAR DIGE, J.] 3/3