Sunny Manohar Deshmukh v. State Of Maharashtra

2023:BHC-AS:24734

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.197 OF 2023 SUNNY MANOHAR DESHMUKH ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Vinod Kashid for the applicant.

Ms. Veera Shinde, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 29, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 326, 324, 506 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.305/2021 with Murbad Police Station. 3.

There are in all three accused. The applicant is accused no.1. The stab injuries are attributed to the applicant. The injury certificate, no doubt, reveals that the injuries suffered by the injured witness are grievous in nature. The co-accused no.2 and 3 who had caught hold the 1/3

injured witness have been enlarged on bail. The main is role attributed to the present applicant.

4.

Learned APP opposed the application by contending that the applicant is the main assailant instrumental in inflicting stab blows on the victim with a knife. Considering the facts and circumstances of the case, as the applicant is in custody for more than two years with no possibility of the trial concluding any time soon and as there are no criminal antecedents reported against the present applicant, the applicant can be enlarged on bail by imposing stringent conditions. The applicant will face the consequences of the trial. The investigation is complete. The charge-sheet has been filed. There is nothing to indicate that the applicant is a flight risk. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Sunny Manohar Deshmukh in connection with C.R. No.305/2021 with Murbad Police Station, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

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(c) The applicant shall attend the Investigating OfÏcer of Murbad police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.

(f) Except for attending the trial and for the purpose of reporting to the Investigating OfÏcer, the applicant shall not enter Murbad Taluka after being released on bail, till the trial concludes.

5.

The application is disposed of.

(M. S. KARNIK, J.) 3/3