VITTHAL BHAUSAHEB DIWTE AND OTHERS v. THE STATE OF MAHARASHTRA
BA/1205/2026 · 2026-07-07
Shri Abhay S Waghwase
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2898 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2898 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
BA-1205-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1205 OF 2026
1. Vitthal s/o Bhausaheb Diwte
2. Bhausaheb s/o Bhagaji Diwte
3. Eknath s/o Bhausaheb Diwte
4. Ramdas s/o Jayanta Diwte … Applicants Versus The State of Maharashra. Through Police Inspector, Sillod (Rural) Police Station, Taluka Sillod, Dist. Chh. Sambhajinagar. … Respondent ….. Ms. Pooja Langhe, Advocate for the Applicant. Mr. S. V. Hange, APP for Respondent-State. .....
CORAM :
ABHAY S. WAGHWASE, J.
RESERVED ON :
06 JULY, 2026 PRONOUNCED ON :
07 JULY 2026
ORDER :-
1. Vide instant application, Applicants are seeking grant of regular bail on account of their arrest in Crime No.0195 of 2026 registered at Sillod Rural Police Station, District Chhatrapati Sambhajinagar for offences punishable under Sections 110, 115(2), 117(2), 126(2), 351(2), 352 r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS). 2. Pointing to the date of arrest as 02.06.2026 learned Counsel submitted that there is implication in the backdrop of some [1] 2026:BHC-AUG:26399
BA-1205-2026 occurrence dated 01.06.2026. The parties happened to be relatives and immediate neighbors, who have agricultural land adjoining to each other. She pointed out that allegations are of hurling abuses and assault by kicks and fist blows on the father of informant, who was reported to have already suffered a hemorrhage long back. That, Tukaram is already discharged from the hospital after being treated for 2-3 days. That, now investigation is almost over and charge-sheet is also filed. No further recovery is to be made and, therefore, no further custody of the applicants is necessary. As the applicants are ready and willing to abide by all the conditions that may be imposed by this Court, bail is prayed for. 3. Learned APP, who opposed the application, would submit that there is assault on a person, who has already suffered brain hemorrhage, of which the applicants were very well aware of. Therefore, the applicants have been arrested for the aforesaid acts, and as the investigation is still in progress, the relief of bail is opposed. 4. Perused the FIR dated 01.06.2026 by one Limbaji Kaduba Diwte. He reported that adjoining to their land Bhausaheb Bhagaji Diwte also has agricultural land. That, on 01.06.2026 some activity [2]
BA-1205-2026 of erecting ridge was being carried out by use of JCB. Accused persons came, obstructed and then it is alleged that accused persons, after abusing his brother Tukaram, gave kicks and fist blows near head and ear, as a result of which he fell unconscious. It is a specific case of the complainant that accused were aware that Tukaram had earlier suffered hemorrhage. Discharge card of Tukaram is also placed on record which shows that he was admitted in Galaxy Superspeciality Hospital with history of Nausea, Vomiting, Giddiness and Headache. There is no history of assault. Discharge card shows that after medication and finding the patient stable, he was discharged on oral medication. 5.
Therefore, taking the said documents into consideration and prima facie there are allegations of assault by kicks and fists blows in the backdrop of previous civil dispute, further investigation can be carried out by securing the presence of applicants, who have been behind bars since 02.06.2026. 6. Hence, I proceed to pass the following order:
ORDER I. The application is allowed. [3]
BA-1205-2026 II. Applicants (1)Vitthal s/o Bhausaheb Diwte, (2)Bhausaheb s/o Bhagaji Diwte, (3)Eknath s/o Bhausaheb Diwte, (4)Ramdas s/o Jayanta Diwte, be released on bail in connection with Crime No. 195 of 2026 registered at Sillod Rural Police Station, District Chhatrapati Sambhajinagar, on executing Personal Bond of Rs. 15,000/- each with one surety each in the like amount, on the following conditions : [a] The applicants shall not tamper prosecution evidence. [b] The applicants shall not enter vicinity where the informant and his family resides till filing of charge-sheet. [c] The applicants shall attend the concerned police station thrice in every week i.e. on every Wednesday, Friday and Monday and maintain personal diary of their attendance till committal of case and thereafter, shall regularly attend each and every effective date before the trial court.
[ABHAY S. WAGHWASE, J.] scm [4]