ROHAN @ ROHYA HANMANT MULIK v. THE STATE OF MAHARASHTRA
BA/3585/2024 · 2025-06-13
Shri Ashwin D Bhobe
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42085 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42085 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
20-ba-3585-2024.doc Nikita IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3585 OF 2024 Rohan @ Rohya Hanmant Mulik … Applicant V/s. The State of Maharashtra … Respondent Mr. Satyavrat Joshi i/b Ms. Reena Prajapati for the Applicant. Mr. S. M. Mangaonkar, APP for the State. Mr. Rayeet Pandit Tomeke, Ashta Police Station, Sangli. CORAM : ASHWIN D. BHOBE, J. DATED : 13th JUNE, 2025 P.C.:
1. Heard Mr. Satyavrat Joshi, learned Advocate for the Applicant. Mr. S. M. Mangaonkar, learned APP for the State. 2. By the present application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Applicant is seeking bail in connection with C. R. No.276 of 2023 registered with Ashta Police Station, Sangli, for the offences punishable under Section 307 r/w 34 of the Indian Penal Code, 1860 and Section 142 of the Mumbai Police, Act, 1951. 3. Case of the prosecution is that the Applicant on 06.11.2023 attempted to commit murder of Mr. Sandesh, i.e. son of the informant. Said attempt was made as Mr. Sandesh did not 1 NIKITA KAILAS DARADE Digitally signed by NIKITA KAILAS DARADE Date: 2025.06.16 15:06:43 +0530
20-ba-3585-2024.doc withdraw a case against the Applicant. The present crime was committed within the jurisdiction of Ashta Police Station, District Sangli. 4. Bail Application filed by the Applicant was rejected on
16.03.2024. 5. Learned APP for the State points to page No.81 of the paper book to submit that the Competent Authority by order dated 30.06.2022 had passed an externment order against the Applicant. The validity period of the said order was of two years, i.e. from 30.06.2022 up to 29.06.2024. Learned APP submits that the present C.R. No.276 of 2023 was committed by the Applicant during the subsistence of the externment order, that too within the area/jurisdiction from which the Applicant was externed. He further submits that the Applicant had four criminal antecedents. 6. Mr. Joshi, learned Advocate for the Applicant in support of the Bail Application submits that the offence of the present crime is attempt to murder and is under Section 307 of the Indian Penal Code, 1860. He submits that the said offence is not likely to escalate and, therefore, Applicant is entitled to bail. 7. Upon a query being posed to Mr.
S. Joshi, with reference to the externment order, the validity period of the externment order and as to whether the C.R. No.276 of 2023 being committed in area from which the Applicant was externed, Mr. Joshi, submits that he has no instructions from the Applicant. 8. Considering the nature of the offence and the period during which the offence is alleged to have been committed, on the face 2
20-ba-3585-2024.doc of the externment order, the Applicant is not entitled to indulgence of discretion. 9. Learned APP submits that there is recovery made in the present crime, at the instance of the Applicant and there are two eye-witnesses to the incident. Involvement of the Applicant in the present crime is prima facie disclosed from the record placed in the present application. 10. The Applicant has six criminal antecedents as stated by the learned APP. 11. In view of the above and considering the Applicant has no respect for law, and orders passed by Competent Authority. No case is made out to entertain the present bail application. 12. Bail Application No.3585 of 2024 is dismissed. (ASHWIN D. BHOBE. J.) 3