Pandit @ Pandya Raghunath Gaikwad v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 755 OF 2024 Pandit alias Pandya Raghunath Gaikwad ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Abhishek R. Avachat, Advocate for the Applicant. Mr. Sameer Mangaonkar, APP for Respondent-State. P.S.I. Mr. Mithun Pardeshi, Panchavati Police Station, Nashik City, present.
_______________________________________________________________ CORAM : MADHAV J. JAMDAR, J.
DATED : 26th February 2024 P. C.
1.
Heard Mr. Avachat, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP appearing for the Respondent-State.
2.
This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:-
1. C.R. No.
2. Date of registration of F.I.R. 11th September 2021
3. Name of Police Station Panchavati, Nashik, District-Nashik
4. Section/s invoked 302 of the Indian Penal Code, 1860
5. Date of incident 10th September 2021
6. Date of arrest 11th September 2021
7. Date of fling Charge-sheet 4th December 2021 1/5
3.
As per the prosecution case, the Applicant was demanding Rs.20/- from the deceased for purchasing liquor and when the deceased refused to give the said amount to the Applicant, the Applicant assaulted the deceased with a blade and the deceased succumbed to the resultant injury.
4.
Mr. Avachat, learned Counsel appearing for the Applicant submitted that the incident in question has occurred in a spur of the moment. He submitted that there was no previous enmity between the deceased and the Accused. He submitted that the offence under Section 302 of the Indian Penal Code, 1860 is not made out from the Charge-sheet.
5.
On the other hand, learned APP strongly opposed the Bail Application. He submitted that there are eye-witnesses to the incident and the Applicant is involved in the crime and therefore, bail be not granted.
6.
The incident in question has taken place on 11th September 2021, the Applicant was apprehended on the very day i.e. on 11th September 2021 and Charge-sheet was fled on 4th December 2021. The Applicant has fled the frst Bail Application before the learned Additional Sessions Judge, Nashik and the same was rejected by Order dated 6th May 2023. Thereafter again second 2/5
Bail Application was fled before the learned Sessions Court, Nashik and the same was rejected by Order dated 11th October 2023, by the learned District Judge-1 and Additional Sessions Judge, Nashik. The said Application was rejected on the ground that the trial will shortly commence. However, there is no substantial progress in the trial. The trial is likely to take a considerably long time.
7.
Prima facie, there is substance in the contention of learned Counsel appearing for the Applicant that the incident has occurred in a spur of the moment.
8.
The Applicant does not appear to be at risk of fight. 9.
The Applicant does not have any criminal antecedents.
10. Accordingly, the Applicant can be enlarged on bail by imposing conditions.
11. In view thereof, the following order:-
O R D E R
(a) The Applicant - Pandit alias Pandya Raghunath Gaikwad be released on bail in connection with C. R. No.295 of 2021 registered with the Panchavati Police Station, Nashik, District-Nashik on his furnishing P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. 3/5
(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case of any change thereto.
(c) The Applicant shall report to the Panchavati Police Station, Nashik, District-Nashik on frst Sunday of every month between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.
(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 such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or infuence the Complainant or any witness in any manner.
(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(g) The Applicant shall surrender his passport, if any, to the Investigating Offcer.
12. The Bail Application is disposed of accordingly. 4/5
13. It is clarifed that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, uninfuenced by the observations made in this Order. BHALCHANDRA GOPAL DUSANE [MADHAV J. JAMDAR, J.] BHALCHANDRA GOPAL DUSANE Date: 2024.02.26 19:59:40 +0530 5/5