Sanjay Rangnath Chavan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2023.03.01 18:57:43 +0530 DIKSHA DINESH RANE BAIL APPLICATION NO.2240/2022 SANJAY RANGNATH CHAVAN ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Kajal S. a/w. Adv. Asif Patel for the applicant. Ms. P. N. Dabholkar, APP for State.

PSI S. R. Salunkhe, Kurar Police Station.

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

DATE : FEBRUARY 28, 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 First Information Report (FIR) No.948/2020 registered with the Kurar Police Station, under Sections 307, 309 of the Indian Penal Code, 1860 (hereafter "the IPC", for short) read with Sections 37(1), 135 of the Maharashtra Police Act. 3.

The FIR was registered on November 15, 2020. It is alleged that the applicant was having an affair with the daughter of the informant. The applicant is 55 years of age. On November 15, 2020, the applicant was told that he 1/4

should not visit the informant's house again. The applicant at that time suddenly took out a knife from his pocket and assaulted the victim on her neck and banged her head against the cupboard. Then the applicant ignited a fire cracker in his mouth. He sustained serious injuries whereupon he was admitted in the hospital. The applicant was arrested on August 14, 2021. The victim suffered simple injuries though the assault was by the knife. 4.

Taking an over all view of the matter, as the applicant is in custody for more than one and half years and the possibility of the trial commencing and concluding any time soon appearing to be remote, the applicant can be enlarged on bail. There are no criminal antecedents reported against the applicant. The investigation is complete. The chargesheet has been filed. 5.

The statement of the applicant's wife has also been recorded that the applicant was harassing her. The victim is residing at Malad whereas the applicant's wife is residing at Kurla. The applicant can be released on bail by imposing stringent conditions. Hence, the following order. 2/4

O R D E R

(a) The application is allowed.

(b) The applicant in connection with FIR No.948/2020 registered with the Kurar Police Station, shall be released on bail on his furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount.

(c) The applicant shall report to the Investigating Ofocer of the concerned police station once in a month on 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 Ofocer. 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 Ofocer and shall keep him updated, in case there is any change.

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(f) The applicant has to attend the trial regularly.

(g) The applicant shall not reside in the area of Mumbai/Mumbai Suburban District till the trial is over and till further orders of the trial Court.

(h) The applicant shall not make any attempt to contact the victim or the informant.

6.

The application is disposed of.

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