PRAMOD ALIAS PRADIP DIPCHAND VISHWAKARMAversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:11800


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             BAIL APPLICATION NO. 325 OF 2026
                     PRAMOD ALIAS PRADIP DIPCHAND VISHWAKARMA
                                             VERSUS
                               THE STATE OF MAHARASHTRA
                                                 ...
                       Advocate for Applicant : Mr. Shete Shankar Govindrao
                               APP for Respondent : Mr. A.R. Kale
                                                 ...
                                                  CORAM : RAJNISH R. VYAS, J.
                                                  DATE : 18TH MARCH, 2026

              PER COURT :

              1.          The sole accused has preferred an application for grant of

              bail in connection with Crime No. 609/2024, registered with Kotwali

              Police Station, District Ahmednagar, for the offence punishable under

              Section 302 of the Indian Penal Code.


              2.          In short, it is the case of the prosecution that the reporter by

              name Vishwas Dange stated that in agricultural field, several rooms were

              constructed, in which, the labourers used to reside. In one of the rooms,

              the present applicant was residing. On 21.05.2024, at about 11:48 p.m.,

              he received a telephonic call from one Parmatmaram Sudarshanram, who

              informed that the applicant had assaulted one Ashokkumar on his head by

              means of stone due to which, Ashokkumar had fallen and the blood was

              oozing from his ear. The informant then immediately reached to the spot,
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approached the concerned police station. He has also called the private

ambulance.


3.           At this juncture, learned counsel Mr. Shete, has contended

that the manner in which the incident has taken place and the weapon of

offence used, if seen would reveal that, prima facie, case is not made out

against the applicant. He submitted that there is no description of the

weapon of crime and, therefore, it is very difficult to arrive at the

conclusion as to whether the injuries sustained were outcome of the

weapon used. He further contended that since chargesheet is already filed

and applicant has no criminal antecedents, he be enlarge on bail.


4.           Per Contra, learned APP contended that there is an eye

witness to the incident and the injuries if seen would clearly reveal that

there was intention to commit an offence. He submitted that the final

report clearly makes out a case against the applicant and therefore,

prayed for rejection of bail.


5.           With the assistance of both the learned counsels, I have gone

through the record of the case which is annexed along with the bail

application. Incident had occurred on 21 May 2014 at about 11:48 in the

night. Eye witness Parmatmaram Sudarshan, whose statement was
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recorded on 23.05.2024, had category stated that he along with his friend

had been to the hotel for enjoying the food, at which time, the present

applicant came near his table and all of them were enjoying the food.

Since for returning home, there was no vehicle for the applicant,

deceased / Ashokkumar was called by the present applicant. Ashokkumar

then came to the spot of the incident, and at that time, altercation was

going on between the applicant and said Ashokkumar. Ashokkumar was

sitting on his motorcycle and Pramod @ Pradip / the present applicant

was standing in front of him. Thereafter, when quarrel continued, said

Parmatmaram tried to intervene and he came back to his room.


6.           Again Paramatmaram, heard the quarrel going on between

the Ashokkumar and the present applicant and he came out of the house,

where he noticed that Ashokkumar was lying in the pool of blood and the

applicant was holding the piece of stone Slab (Farshi) and again assaulted

Ashokkumar on his head by means of said stone. When Parmatmaram

tried to intervene, the applicant also threatened him to kill.


7.           Thereafter, the present applicant dropped the weapon on the

spot of the incident, returned to room and, thereafter, went away along

with the bag of clothes. As as said Ashokkumar had died on 22.05.2022,

the postmortem report was conducted on his body. Cause of death in
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postmortem report is head injury due to physical assault. The injuries

sustained are mentioned in column no. 17 of the post mortem report.

Column no. 18 further shows multiple depressed fracture of whole skull

bone. Thus, it is evident that several blows were given on the vital part of

the body. At this stage, commenting something on merit would not be

proper. Considering the fact that the applicant is under the prosecution.



8.           Suffice it to say that the eye witness to the incident i.e.

Parmatmaram, prima facie, inspires the confidence. Since, prima facie,

material is available against the applicant, I am not inclined to allow the

present application. Hence, the following order is passed :

                                 ORDER

      i.     Bail Application is rejected.

      ii.    At this stage, it is necessary to mention here that Mr.

      Govindrao Shete, has argued the matter with full preparation. His

      fees be quantified as per the rules.




                                               ( RAJNISH R. VYAS, J. )


SPC