Kiran Dattu Supe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1278 OF 2024 Kiran Dattu Supe ...Applicant

Versus

State of Maharashtra

...Respondent

_______________________________________________________________ Mr. Priyal G. Sarda, for the Applicant.

Mr. P. P. Deokar, APP, for the Respondent-State. _______________________________________________________________

CORAM:

MADHAV J. JAMDAR, J.

DATED:

22nd APRIL 2024 P.C.:

1.

Heard Mr. Sarda, learned Counsel for the Applicant and Mr. Deokar, learned APP 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:- C.R. No.

Date of registration of F.I.R.

01/11/2023 Name of Police Station Khed, District-Pune Section/s invoked 302, 307, 504, 506 & 34 of the I.P.C., 1860;

4 & 25 of the Arms Act, 1959.

Date of incident 31/10/2023 Date of arrest 01/11/2023 Date of filing Charge-sheet 23/12/2023 3.

As per the prosecution case, on 31st October 2023 there was a Page No. 1

minor accident between two vehicles, namely a car which belonged to the deceased and the two-wheeler of the Applicant. The first InformantSatish Ram Tayde and the Deceased-Akshay Dasture were seeking compensation for the said accident and damage to their car from the Applicant and at that time, an altercation took place between the Deceased, Applicant and other two co-Accused and during the said verbal altercation, Accused No.1 asked the Applicant and the coAccused to hold the deceased and Accused No.1-Shubham Davkhare took out a knife kept at his waist and stabbed the deceased in his stomach.

4.

It is the contention of Mr. Sarda, learned Counsel for the Applicant that there is no motive and no recovery at the instance of the Applicant. He submitted that even as per the prosecution case, the Applicant had not assaulted the deceased, and no role is attributed to the Applicant in the actual assault. He submitted that there are no antecedents against the Applicant.

5.

On the other hand, Mr. Deokar, learned APP submitted that although actually the Accused No.1 assaulted the deceased with a knife, the Applicant's role is also significant. He had caught hold of the deceased from one side. He therefore submitted that the Applicant had played a major role in the offence in question. Mr. Deokar, on instructions, states that there are no antecedents against the Applicant. Page No. 2

6.

Perusal of the record shows that the incident in question took place on 31st October 2023, F.I.R. was lodged on 1st November 2023 and the Applicant was arrested on 1st November 2023. It is an admitted position that investigation has been completed and Charge-sheet has been filed on 23rd December 2023. As per the Charge-sheet, there are a total of 18 witnesses proposed to be examined by the prosecution. Till date, there is no progress in the trial and even the charge is also not framed yet. Accordingly, the trial will take a considerably long time to conclude.

7.

Prima facie, there is substance in the contention raised by Mr. Sarda, learned Counsel for the Applicant that the incident in question took place during a verbal altercation and no major role is attributed to the present Applicant.

8.

The Applicant does not have any criminal antecedents. 9.

The Applicant does not appear to be at risk of flight. 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 - Kiran Dattu Supe be released on bail in connection with C.R. No.927 of 2023 registered with the Khed Police Station, District - Pune on his furnishing P.R. Bond of Rs.25,000/- with one or two local solvent sureties in the like Page No. 3

amount.

(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(c) The Applicant shall report to the Khed Police Station, District - Pune once every week i.e. on every Sunday 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 influence 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 Officer.

12.

The Bail Application is disposed of accordingly. 13.

It is clarified that the Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this Order. [MADHAV J. JAMDAR, J.] Page No. 4