Bombay High Court
SANTOSH MANOJ MANEversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Disposed Off
Holding
The court held that the applicant is entitled to bail on the ground of parity with co‑accused and the lack of a lethal weapon, despite the serious nature of the charges.
Summary
The applicant, Santosh Manoj Mane, sought regular bail in a case (CR No. 198 of 2024) where he was charged under Sections 307 read with Section 34 of the Indian Penal Code for allegedly assaulting a victim with a wooden stick, causing grievous injuries. The prosecution argued the assault was pre‑meditated and supported its claim with a medical injury certificate, while the applicant contended he was falsely implicated and that the incident was spontaneous. The court noted that co‑accused in the same case had already been granted bail, and that the investigation was complete with a charge‑sheet filed. It further observed that the weapon used by the applicant was not a lethal weapon and that continued detention would be unjustified given the length of incarceration already endured. Applying the principle of parity and considering the completed investigation, the court exercised its discretion in favour of the applicant and granted bail with conditions.
Issues considered
- Whether the applicant is entitled to bail despite being charged under Sections 307 and 34 of the IPC
- Whether the principle of parity with co‑accused already on bail applies
- Whether the nature of the weapon and the circumstances of the assault affect bail eligibility
Legislation cited
- Indian Penal Code, 1860 — s. 307, 34
Subjects
- bail
- IPC
- Section 307
- Section 34
- parity
- criminal procedure
- pre‑meditated assault
Judgment
27-BA-110-2026 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 110 OF 2026
Santosh Manoj Mane
VERSUS
The State of Maharashtra And Anr
...
Mr. Pratik G. Tare i/by Mr. Sachin Y. Mane for Applicant.
Dr. A. A. Takalkar, APP for the Respondent-State.
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 18th MARCH, 2026.
P. C. :
1. The applicant seeks regular bail in connection with C.R. No.
198 of 2024 dated 28.05.2024 registered with Shahapur Police
Station, District Kolhapur, for the offences punishable under
Sections 307 read with Section 34 of the Indian Penal Code.
2. The prosecution case is that, the Complainant's husband was
subjected to a life-threatening assault by the accused persons in
furtherance of their common intention. Following a prior dispute on
27th May, 2024, at Jijamata Park, where the accused issued death
threats to the victim, they subsequently intercepted him on 28th May,
Digitally
signed by
SAJAKALI
SAJAKALI
LIYAKAT 2024, at approximately 17:00 hours on the road leading from
LIYAKAT JAMADAR
JAMADAR Date:
2026.03.18
20:06:37
+0530
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Mahalaxmi Godown towards Torananagar. The accused then
launched a brutal attack using wooden bamboo sticks and stones,
causing grievous injuries to the victim's head and face with the
specific intent to cause his death. Hence, the report.
3. Learned counsel for the applicant submits that the applicant is
falsely implicated in the alleged crime and the alleged incident
occurred at the spur of the moment. The co-accused have already
been admitted to bail by this Court in Criminal Bail Application No.
5083 of 2024. The investigation is complete and the recovery has
already been effected. As such, further incarceration of the
Applicant is unjustified. Hence, prayed to allow the application.
4. Per contra, the learned APP opposed the application,
submitting that the applicant assaulted the victim and that the act
was premeditated. The corresponding injuries are substantiated by
the medical injury certificate placed on record.
5. Having heard the submissions from both the sides and upon
perusal of the record including charge-sheet indicates that initially
the FIR was registered against the co-accused, namely Tahir and
unknown persons. The allegations levelled against the present
applicant is that of having picked up a wooden stick and assaulted
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the injured. Thus, the same cannot be treated as a lethal weapon.
6. Apart from the aforesaid aspect, the similarly situated co-
accused are admitted to bail by this Court. As such the applicant is
also entitled for parity. The investigation is complete for all intent
and purpose, resultantly, the charge-sheet is filed. Considering the
length of incarceration, further detention of the applicant would be
unjustified. I am, therefore, persuaded to exercise the discretion in
favor of the applicant. Hence, the order :
ORDER
I. The bail application is allowed.
II. Applicant - Santosh Manoj Mane be released on bail, on
furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand)
with one or two local solvent sureties, in the like amount, in
connection with C.R. No. 198 of 2024 dated 28.05.2024 registered
with Shahapur Police Station, District Kolhapur, for the offences
punishable under Sections 307 read with Section 34 of the Indian
Penal Code, on the following conditions :-
(a) The applicant shall not pressurize the prosecution
witnesses and tamper with the prosecution evidence, in
any manner.
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(b) The applicant shall attend the trial on each and
every date unless exempted by the trial Court.
(c) The applicant shall submit Aadhar and Pan Cards to
the Investigating Officer and detailed address and phone
numbers and two of the near relatives.
(d) In case of breach of any of the conditions by the
applicant, it is open for the Prosecution to approach the
concerned Court seeking cancellation of bail,
notwithstanding the fact that this Court has granted bail.
III. Needless to state that the observations rendered herein are to
the extent of this application and the trial Court shall not be
influenced by the same.
[SACHIN S. DESHMUKH, J.]
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