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Bombay High CourtBA/1036/2023disposed off

Shrikant Dhondiram Mane v. State Of Maharashtra

2023-11-28Hon'Ble Shri Justice M. S. Karnik4 pages

2023:BHC-AS:35207

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1036/2023 SHRIKANT DHONDIRAM MANE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Vijay Shelar a/w. Adv. Sharad Ghadge, Adv. Chinmay Sharma for the applicant.

Mr. P. H. Gaikwad, APP for the State.

PSI Dnyaneshwar L., Mulund Police Station.

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

DATE : NOVEMBER 28, 2023.

P.C. :

1.

Heard learned counsel for the applicant.

2.

The application is opposed by learned APP.

3.

This is an application for bail in respect of the offence punishable under Sections 307, 324, 323, 504 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 30/6/2022 vide C.R. No.462/2022 with Mulund Police Station.

4.

There are in all three accused. The applicant is the accused no.1. It is alleged that the applicant has assaulted the injured witness with an iron rod on his head. The other 1/4

two accused assaulted the informant with fist and kick blows.

5.

I have gone through the injury certificate. The injured witness that is the informant suffered simple injuries. 6.

The applicant was arrested on 2/7/2022 and now is in custody for more than sixteen months with no possibility of the trial concluding any time soon. Though learned APP opposed the application for bail, I am inclined to enlarge the applicant on bail in the facts and circumstances of the present case and as the investigation is complete and the charge-sheet has been filed. There are no criminal antecedents reported against the applicant. In my opinion, 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- Shrikant Dhondiram Mane in connection with C.R. No.462/2022 registered with Mulund 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. 2/4

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

(e) 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.

(f) 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.

(g) Except for attending the trial and for the purpose of reporting to the Investigating OfÏcer, the applicant shall not enter the jurisdiction of Mulund Police Station after being released on bail, till the trial concludes.

(h) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

3/4

(i) The applicant shall surrender his passport, if any, to the investigating ofÏcer.

7.

The application is disposed of.

(M. S. KARNIK, J.) 4/4