Sunny Ravi Sharma v. State Of Maharashtra

2023:BHC-AS:24727

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1378 OF 2023 SUNNY RAVI SHARMA ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Bhushan Raut for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

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

DATE : AUGUST 29, 2023.

P.C. :

1.

This is an application for bail through jail. The applicant is seeking bail in respect of C.R. No.I-206 of 2017 registered with Wagle Estate Police Station for the offences punishable under Sections 302, 307, 143, 147, 148, 149 of the Indian Penal Code.

2.

I have heard learned counsel appointed on behalf of the applicant and learned APP.

3.

The FIR was lodged on 29.10.2017. The applicant is the accused No.2. The applicant was arrested on 30.10.2017 and now in custody for almost five years and ten months. The trial is likely to take a long time to 1/4

conclude. The co-accused - Sumit Sanjit Singh, Suraj Kundan Mehra and Suhas Prabhakar Shinde have been released on bail.

4.

The applicant no doubt has been identified by the witnesses. It is alleged that some of the accused were carrying swords and sharp objects and so far as the present applicant is concerned, it is alleged that he was carrying a steel rod. There are three eye witnesses. Considering the role of the applicant, the nature of injuries, the weapon used, the cause of death and the fact that the applicant is in custody for more than five years and ten months, in my opinion, in the facts and circumstances of the present case the applicant can be enlarged on bail. The investigation is complete. The charge-sheet has been filed. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Sunny Ravi Sharma in connection with C.R. No.I-206 of 2017 registered with Wagle 2/4

Estate 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 Wagle Estate 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 reside or enter within the area of Thane district till the trial is over except for the purpose of attending the trial and the Investigating Officer.

(e) The applicant shall attend the dates of hearing before the trial Court, unless exempted by the Court. (f) 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. (g) On being released on bail, the applicant shall furnish his contact number and residential address to 3/4

the Investigating Officer and shall keep him updated, in case there is any change.

5.

The application is disposed of.

6.

I appreciate the assistance rendered by Mr. Bhushan Raut, learned Advocate, who appeared on behalf of the applicant.

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