← Library
Bombay High CourtBA/892/2023allowed

Ravi Hari Chandale v. The State Of Maharashtra

2023-08-29Hon'Ble Shri Justice M. S. Karnik3 pages

2023:BHC-AS:24786

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 892 OF 2023 RAVI HARI CHANDALE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Bhavika Shinde a/w Adv. Mahesh Arjun a/w Adv. Umesh Mankapure 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 302, 120(b) read with 34 of the Indian Penal Code and under Sections 4, 25 and 27 of the Indian Arms Act registered vide C.R. No.57 of 2021 with Sangli City Police Station.

3.

The First Information Report is dated 30/01/2021. The applicant came to be arrested on 01/02/2021. There are in all 4 accused. The accused are alleged to have killed the victim with sword. The applicant is accused No.4. There is 1/3

a recovery of a motorcycle and blood-stained clothes at the instance of the applicant. It is alleged that the applicant along with other accused killed the deceased. 4.

Learned APP opposes the application and states that there are eyewitnesses to the incident.

5.

There is no recovery of any weapon from the applicant. There is no allegation that the applicant used any weapon or played an active part in the assault except the allegation that the applicant was present along with other accused. The applicant has been in custody since 01/02/2021 and awaiting trial for two years and six months, with no possibility of it concluding any time soon. Considering the role of the applicant and in the facts and circumstances of the present case, the applicant can be enlarged on bail. There are no criminal antecedents. The investigation is complete and the chargesheet is filed. The applicant does not appear to be a flight risk. Hence, the following order :-

O R D E R

(a) The application is allowed.

2/3

(b) The applicant- Ravi Hari Chandale in connection with C.R. No. 57 of 2021 registered with Sangli City 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 shall attend the Investigating Officer of the Sangli 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 Officer. 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 Officer and shall keep him updated, in case there is any change.

6.

The application is disposed of.

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