Atul Rangnath Sarode v. State Of Maharashtra
2024:BHC-AS:13023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.699 OF 2024 ATUL RANGNATH SARODE ..APPLICANT VS.
THE STATE OF MAHARASHTRA AND ANR.
..RESPONDENTS INTERIM APPLICATION ST. NO.5221 OF 2024 IN BAIL APPLICATION NO.699 OF 2024 AKSHYA BHARAT SHINDE ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Shashikant Sansare a/w Adv. Amar Sathe a/w Adv. Avinash Padwal a/w Adv. Sushant M. a/w Adv. Vaibhav Thorave for the applicant.
Adv. Onkar Ukrande a/w Adv. Chinmay Sawant for the Intervener.
Ms. Megha S. Bajoria, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : MARCH 18, 2024 P.C. :
1.
Heard learned counsel for the applicant, learned counsel for the intervener and learned APP for the State. 2.
This is an application for bail in respect of the offence punishable under Sections 323, 307 read with 34 of the
Indian Penal Code registered on 24/10/2022 vide C.R. No.709 of 2022 with Shirur Police Station, Pune. 3.
The alleged incident took place on 24/10/2022. The applicant was arrested on 28/10/2022. It is alleged that due to some family feud, there was a dispute between the applicant and the injured victim. It is alleged that on the date of the incident as many as 8 stab injuries, some of which were on the vital part, were inflicted on the injured victim by the applicant with a knife. There is recovery of the knife at the instance of the applicant.
4.
Learned APP and learned counsel for the intervener opposed the application and submitted that there are eyewitnesses to the incident apart from the injured victim himself who stated the manner in which the applicant assaulted the victim. Learned counsel for the intervener apprehends that after being released on bail, the applicant will pose a threat to the injured victim as well as to the parents of the victim who are residing in close proximity where the applicant resides.
5.
There are no criminal antecedents reported against the
applicant. The applicant is in custody since 28/10/2022 i.e. almost for a period of 16 months. It is informed that the charge has not been framed. The investigation is complete and the charge-sheet is filed. In the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail but by imposing stringent conditions to allay the apprehension expressed by the learned counsel for the intervener. The applicant does not appear to be a flight risk. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Atul Rangnath Sarode in connection with C.R. No.709 of 2022 registered with Shirur 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.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.
(d) Except for attending the trial and for the purpose of attending the Investigating Officer, the applicant shall not enter Pune District after being released on bail, till the trial concludes.
(e) The applicant shall attend the police station nearest to the place of his residence while residing outside Pune district, once in three months, on first Sunday of the concerned month, between 11.00 a.m. and 1.00 p.m., commencing 07/04/2024.
(f) 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 Officer. The applicant shall not tamper with evidence. (g) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(h) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
(i) If it is found that any of the conditions are breached, the prosecution will be at liberty to apply for cancellation of this bail.
6.
The application is disposed of. Interim applications, if any, are also stand disposed of.
(M. S. KARNIK, J.) Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 18/03/2024 18:49:21