Hiru Pandu Shinde v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1091 OF 2015

1. Hiru Pandu Shinde ..Applicant v/s.

The State of Maharashtra.

..Respondent Mr. Kuldeep S. Patil for the Applicant.

Mrs.Veera Shinde, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : DECEMBER 17, 2015.

P.C.

.

This is an application for bail filed by the aforesaid applicant who is facing trial in Sessions Case No.738/2014 pending on the file of Additional Sessions Judge, Pune for offence under Section 307 r/w.34 of the Indian Penal Code. This case arises from C.R. No.174/2013 registered at Lonikand Police Station.

2.

The said crime was registered pursuant to the FIR dated 12/8/2013 lodged by one Sanjay Ravi Bhosale . It is alleged that on 11/8/2013 at about 11.00 a.m. applicant alongwith other persons stabed the complainant with knife and thereby attempted to commit his murder. On completion of the

investigation charge-sheet was filed before the JMFC, Pune which in turn committed the case to the Sessions Court, Pune. The applicant herein had filed an application for bail before the Additional Sessions Judge, Pune which came to be dismissed on 11/05/2015. The applicant has therefore filed the present application for bail u/s.439 of Cr.P.C.

3.

I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. The records prima facie reveal that on 11/8/2013, the applicant herein had stabbed the complainant by means of a knife. The records reveal that the applicant had inflicted a single injury which as per the medical records is simple in nature. The above facts, in my considered view would not prima facie attract the provision of section 307 of Cr.P.C. The applicant is a permanent resident of Haveli, Pune. Hence, there is no possibility of the applicant absconding. Under the circumstances, the bail application is allowed on the following terms and conditions:

i) The applicant be released on bail on

furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) with one surety in the like amount to the satisfaction of the Additional Sessions Judge, Pune.

ii) The applicant shall not interfere with the complainant or other witnesses and shall not tamper with the evidence.

iii) The applicant shall attend hearing of the case on each and every date.

(ANUJA PRABHUDESSAI, J.)