LAXMAN SAKHARAM GHAGAREversusTHE STATE OF MAHARASHTRA

                                                                           44. BA 1143-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO. 1143 OF 2026

                      Laxman Sakharam Ghagare                         .Applicant

                                   Vs.

                      The State of Maharashtra                        .Respondent

                      Ms. Sana Raees Khan a/w. Mr. Suraj Mulik, Advocates, for the
ANAND                 Applicant
SUDHAKAR              Ms. Anuja S. Gotad, APP, for the Respondent – State
SUDAME
Digitally signed by   Mr. Utkarsh R. Pondkule i/b. Mr. Prashant Hagare, Advocates, for the
ANAND SUDHAKAR
SUDAME
Date: 2026.10.07
                      Complainant
16:12:34 +0530


                                          CORAM : MILIND N. JADHAV, J.

                                          DATE    : 05.10.2026
                      P. C.

                      1.      Heard Ms. Khan, learned Counsel for the Applicant, Ms. Gotad,

                      learned APP for the Respondent – State and Mr. Pondkule, learned

                      Counsel for the Complainant.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 909 of 2024 registered with Daund Police Station, Pune for

                      offences punishable under Sections 109(1) & 3(5) of the Bharatiya

                      Nyaya Sanhita, 2023 (for short “BNS”).

                      3.      The Applicant is one of the four co-accused persons in the

                      present crime. He is arraigned as Accused No. 1. Accused Nos. 2 and 3

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are already enlarged on bail. Prima facie reading of the FIR statement

at page No. 28 & 29 when juxtaposed with the statement appended at

page No. 33 shows a clear dichotomy with regard to the facts. It is

prima facie seen that the aggressor out of the Accused persons are

Accused Nos. 2 & 4. Accused No. 2 has already been granted bail, copy

of order is appended to the Application. Insofar as role of Accused No.

1 is concerned, save and except the Complainant/First Informant

stating that she had seen him along with the other Accused persons

hitting her husband, there is nothing else which is stated on record.

Merely hitting her husband cannot be construed as Applicant having

used the Axe to hit her husband because of the simple reason that the

Medical Certificate does not support the prosecution case. There is only

one grievous injury which may have probably been caused with the

weapon in question, whereas the other injuries are simple in nature, as

can be seen from the record. Further, it is prima facie ambiguous as to

who has used the weapon to inflict the blow. In that view of the matter,

in view of parity been applicable, the Applicant is granted bail.

4.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-




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                                                       44. BA 1143-2026.doc

        (i)   Applicant – Laxman Sakharam Ghagare is directed to be

              immediately released from prison in connection with

              CR. No. 909 of 2024;


        (ii) Applicant is directed to be released on bail on furnishing

              P. R. Bond of Rs.30,000/- (Rs. Thirty Thousand only)

              with one surety of the like amount;


        (iii) Applicant shall report to the Investigating Officer at

              Daund Police Station, Pune, once every month, on the

              first Monday of the month between 10:00 a.m. to 12:00

              p.m. until commencement of trial and thereafter shall

              attend all dates of hearing before the Trial Court;


        (iv) Applicant shall co-operate with the conduct of the trial

              and remain present before the Trial Court on all dates,

              unless specifically exempted. Applicant shall not seek

              unnecessary adjournments. Any such conduct shall

              entitle the prosecution to apply for cancellation of bail;


        (v) Applicant shall not leave the State of Maharashtra

              without prior permission of the Trial Court;


        (vi) Applicant shall not enter the jurisdiction of Daund Police

              Station, Pune except for attending the trial;

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                                                          44. BA 1143-2026.doc

           (vii) Applicant shall not influence any of the witnesses or

                 tamper with the evidence in any manner;


           (viii) Applicant shall keep the Investigating Officer informed

                 of his current residential address and mobile telephone

                 number and shall forthwith inform the Investigating

                 Officer of any change in his residential address or

                 mobile telephone number, as and when such change

                 occurs; and


           (ix) Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


5.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


6.      Bail Application is allowed and disposed in the above terms.




                                                  (MILIND N. JADHAV, J.)

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