909 - ABA - 3091 - 2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3091 OF 2023 Vitthal Mahadeo Jagdale … Applicant V/s. The State of Maharashtra … Respondent Mr. Balwant Salunkhe for the Applicant. Mr. S. H. Yadav, APP for the State. M. N. Hange, Police Constable, Mhaswad Police Station is present. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 23, 2026 P.C.: 1. Heard Mr. Balwant Salunkhe, learned Advocate for the Applicant, and Mr. S. H. Yadav, learned APP for the State. 2. On 7th November 2023, the following order was passed: “1) Heard the learned counsel for the applicant and the learned APP for the State. 2) This application is preferred for pre-arrest bail in connection with C.R. No. 166 of 2020, registered with Mhaswad Police Station, Satara, for the offences punishable under Sections 307, 326, 324, 323, 504, 506, 143, 144, 147, 149, 188 and 269 of Indian Penal Code, 1860 (“the Penal Code”) and Section 51(b) in the Disaster Management Act, 2005 and Section 11 of Maharashtra COVID-19 Act, 2020. 3) The indictment against the applicant is that the applicant, his VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.23 17:15:47 +0530 909 - ABA - 3091 - 2023.docx brother and relatives formed an unlawful assembly and in the prosecution of the common object of the assembly assaulted the first informant, his brother Balku Mohite and nephew Kiran Mohite. The applicant allegedly assaulted Balku by means of an axe on the head, shoulder and stomach. 4) The learned Counsel for the applicant submitted that in respect of the very same occurrence, the applicant had lodged FIR being Cr No. 165 of 2020 at a prior point of time against the first informant and his associates. In the said incident, the applicant had sustained injury and eventually the father of the applicant succumbed to the injury sustained in the assault perpetrated by the first informant, his brother and nephew. 5) The learned Counsel invited attention of the Court to the requisition dated 30th September, 2020 issued by Medical Officer to have radiological examination of the injured Balku. It does not indicate that Balku had sustained any injury by means of axe on the head, shoulder and stomach, as alleged by the first informant. 6) Prima facie, it appears that in respect of the very same occurrence counter versions have been reported. Though charge sheet has been lodged yet a copy of the injury certificate of Balku indicating the nature of the injuries which were allegedly found on the person of Balku, immediately after his admission at the hospital, does not seem to have been annexed. 7) The learned APP seeks time to take instructions. 8) In the meanwhile, it is necessary to protect the liberty of the applicant. 9) Hence, the following order:- ORDER I) In the event of arrest of the applicant in connection with C.R. No. 166 of 2020, registered with Mhaswad Police Station, Satara, for the offences punishable under Sections 307, 326, 324, 323, 504, 506, 143, 144, 147, 149, 188 and 269 of Indian Penal Code, 1860 and Section 51(b) of Disaster Management Act u/s 11 of Maharashtra Covid Act, 2019, the applicant be released on bail on executing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount. II) The applicant shall co-operate with the investigation and attend Mhaswad Police Station, on 20th, 21st and 22nd November, 2023 VRJ 2 909 - ABA - 3091 - 2023.docx in between 10.00 am to 1.00 pm and, thereafter, as and when directed by the Investigating Officer. III) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case. IV) Stand over to 19th December, 2023.” 3. Mr. Balwant Salunkhe, learned Advocate for the Applicant, submits that the Applicant has appeared and co-operated with the Investigating Officer investigating Crime No. 166 of 2020. 4. Mr. S. H. Yadav, learned APP for the State, submits that the Applicant had appeared and co-operated with the investigation in Crime No. 166 of 2020. In view of the co-operation of the Applicant, the investigation was complete, charge-sheet was filed and the same is registered as Sessions Case No. 12 of 2021, which is pending before the Additional Sessions Judge, Vaduj, District Satara. He submits that charge in Sessions Case No. 12 of 2021 is framed and the trial has commenced. He, on instructions from the Investigation Officer, submits that custodial interrogation of the Applicant is not required in Crime No. 166 of 2020. 5. In view of the statement made by Mr. S. H. Yadav, learned APP for the State, that the custodial interrogation of the Applicant is not required in Crime No. 166 of 2020, the order dated 7th November 2023 VRJ 3 909 - ABA - 3091 - 2023.docx is confirmed and made absolute in terms of paragraph 9(I) and (III) thereof. 6. Anticipatory Bail Application No. 3091 of 2023 is allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 4