2025:BHC-AS:55743 CSSAO HNN ITJAAR WYA ANE DsCSS D21+ i 09 AO H i a g 0 g 2: t N n 5 N 0 I i e5 T t 3 e 2 JA : a . ARd 0 1: l W 4 YA 2 by 6 A . y 1 N 7 E Chitra Sonawane. 10-ba-2167-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Bail Application No.2167 of 2025 Satyam Dattatraya Kad Age 24 years, Occ: Businessman, R/o. Kadachiwadi, Chakan, Tal. Khed, Pune.

(At present Yerwada Central Prison) … Applicant Versus The State of Maharashtra (Through Chakan Police Station Pune Vide C.R. No.1678/2022) …Respondent ----

Mr Priyal G Sarda a/w Mr Shubham Sane, for the applicant.

Mr M G Patil, APP, for respondent / State.

----

Coram: R.N. Laddha, J. Date: 17 December 2025 P.C.:

By this application, the applicant seeks bail in connection with CR No.1678 of 2022, registered at Chakan Police Station, Pune, for offences punishable under Sections 307, 452, 324, 323, 504, 506, and 427 read with 34 of the Indian Penal Code; Sections 4 and 25 of the Arms Act, 1959; Sections 37(1) read with 135 of the Maharashtra Police Act, 1951; Sections 3 and 7 of the Criminal Law Amendment Act; and Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999.

2. It is the prosecution’s case that on 28 October 2022, the applicant, in furtherance of a common intention and in the company of the co-accused, assaulted a local shopkeeper by delivering fist and kick blows outside the residence of the informant. It is alleged that upon the intervention of the informant and her son, Akshay, the accused persons initially withdrew from the spot but shortly thereafter returned, armed with sharp-edged weapons and harbouring an intention to cause the death of Akshay. The accused are stated to have forcibly entered the informant’s house and dragged Akshay outside, whereupon the applicant allegedly struck Akshay with a sickle, causing an injury by grazing his shoulder. It is further alleged that the accused persons damaged the windowpanes of the house and vandalised the vehicles parked in the vicinity. Before absconding, they are alleged to have brandished weapons at neighbouring residents and issued threats to the informant’s family with the intent to dissuade them from approaching the police authorities.

3. Mr Priyal Sarda, the learned Counsel appearing on behalf of the applicant, asserting the applicant’s request, contends that the applicant has been falsely implicated in the crime. He submits that the incident is purported to have taken place on 28 October 2022; however, the FIR came to be registered only on 29 October 2022, and no cogent, satisfactory, or plausible explanation has been furnished for such delay. The learned Counsel further draws attention to the medical record, pointing out that although the injured persons were allegedly examined on 29 October 2022, the corresponding injury certificates were inexplicably issued much later on 16 April 2023. According to the learned Counsel, such an inordinate and unexplained delay in the issuance of the medical certificates undermines the credibility and authenticity of the medical evidence relied upon by the prosecution. Even as per the prosecution’s own case, the injuries alleged to have been sustained by the informant and the injured persons are simple in nature, and do not satisfy the essential ingredients of an offence under Section 307 of the IPC. The learned Counsel further submits that the co-accused, Viraj, has already been enlarged on bail by the Supreme Court vide order dated 16 October 2025 on the ground of long incarceration. The learned Counsel further draws the attention of this Court to the fact that the applicant has been languishing in jail since 1 November 2022 and to date, charges have not yet been framed. The learned Counsel further submits that no corresponding injury was caused to Akshay and nothing was recovered from or at the behest of the applicant. The applicant is willing to comply with any conditions that this Court may deem appropriate to im