DIGAMBAR GULABRAO MOTE v. THE STATE OF MAHARASHTRA
BA/2810/2025 · 2025-11-13
Shri Shivkumar Dige
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71785 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71785 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
3-BA-2810-2025 (CR).DOC Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2810 OF 2025 Digambar Gulabrao Mote ...Applicant Versus The State Of Maharashtra ...Respondent ------- Mr. Yask Fadtare Advocate for the Applicant. Mr. S. S. Chaudhari APP for the State. ------- CORAM :
SHIVKUMAR DIGE, J. DATE :
13th NOVEMBER, 2025. P.C.
1. By this application, applicant is seeking regular bail in C.R. No. 274 of 2024 registered with Mandrup Police Station, District Solapur for offences punishable under Sections 310(2), 308(2), 140(2), 127(2) of Bhartiya Nyay Sanhita, 2023. 2. It is the prosecution's case that on 13th August 2024 around 10.00 p.m., the first informant and his friend were going in their vehicle with two cows and their calves. At that time, applicant and co- accused assaulted them with wooden stick and with fist and kick HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.11.14 18:51:33 +0530
3-BA-2810-2025 (CR).DOC blows and robbed Rs. 10,000/- and mobile phone and taken away two cows and their calves. 3. It is the contention of learned counsel for applicant that co- accused against whom serious allegations are leveled have been released on bail. The allegations against the applicant are that he robbed the mobile phone and cash Rs. 10000/- from the first informant and his friend. The applicant has not participated in assault on the first informant and his friend. Hence, requested to allow the application. 4. It is the contention of learned APP that applicant and co- accused robbed the first informant and his friend. They assaulted them and taken away Rs. 10,000/- mobile phone of the first informant. The mobile phone and cash Rs. 10000/- is recovered at the instance of the applicant. If applicant released on bail, he may abscond, threaten prosecution witnesses and requested to reject the application. 5. I have heard both learned counsel, perused F.I.R. and documents produced on record. 6. The allegations against the applicant are that he robbed the first informant and his friend. The co-accused against whom serious allegations are leveled have been released on bail. Hence, the
3-BA-2810-2025 (CR).DOC applicant is entitled to be released on bail on the principle of parity. He has no antecedents. Applicant is behind the bar for more than one year.
It may take time to conclude the trial. 7. Considering these facts, further detention of applicant is not required and I pass following order :
O R D E R I. Application is allowed. II. Applicant be enlarged on bail in C.R. No. 274 of 2024 registered with Mandrup Police Station, District Solapur on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount. III. Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case. IV. Applicant shall attend the police station as and when required. 8. The application is allowed in the aforesaid terms and is accordingly disposed off. 9. It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the
3-BA-2810-2025 (CR).DOC case on its own merits in accordance with law and uninfluenced by the observations made in this order. 10. All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)