Pravin Shayari Chavan v. The State Of Maharashtra

by CHITRA SANJAY SONAWANE Date:

2022.12.13 11:48:09 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2686 OF 2022 Pravin Shayari Chavan Age 22 yrs. Occ: Labour At presently lodged at Nashik Road Central Jail, Nashik ....Applicant/Accused.

Versus

The State of Maharashtra (through Yeola Taluka Police Station)....Respondent. ...

Mr Himanshu S. Gavit, Advocate for the Applicant. Mr V.B.Konde-Deshmukh, APP for the State.

...

CORAM : R. N. LADDHA, J.

DATE : 13 DECEMBER 2022.

P.C.:

Heard Mr Himanshu S.Gavit, learned counsel appearing for the Applicant and Mr V.B.Konde Deshmukh, learned Additional Public Prosecutor appearing for the Respondent-State.

2.

By this application, the Applicant is seeking bail in connection with C.R.No.378 of 2021 registered at Yeola Taluka Police Station, against the Applicant and other seven co-accused for the offences punishable under Sections 394, 397, 411, 413, Page No. 1 of 3

457 r/w Section 34 of the Indian Penal Code. 3.

It is the case of the prosecution that the victim is residing alone at her farmhouse in village Deothan, DistrictNashik. She is a senior citizen. On 6.6.2021, the complainant found that unknown persons had entered the house and committed her murder. During the investigation, the Applicant and other co-accused were arrested. The Applicant was arrested on 25.09.2021.

4.

With the assistance of learned APP I have perused the documents on record. It is evident that three persons were arrested, including the Applicant, out of which two co-accused persons were already released on bail. The Test Identification Parade was not conducted. The present Applicant/accused was arrested after more than three months of the incident. FIR was registered against unknown persons. The investigation is already completed, and the charge sheet has already been filed. In these circumstances, further detention of the Applicant is not warranted. 5.

In view of the above, the application is allowed in the following terms :

a) The Applicant Pravin Shayari Chavan be released on bail in connection with C.R.No.378 of 2021 registered at Yeola Taluka Police Station, Nashik, on furnishing a P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of the concerned Court. Page No. 2 of 3

b)The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses. c) The Applicant shall furnish the permanent address and contact details to the Inspector of Police, Yeola Taluka Police Station and intimate the change, if any.

d)The Applicant shall regularly attend the proceedings before the jurisdictional Court.

6.

All the parties to act on an authenticated copy of this Order. [R. N. LADDHA, J.] Page No. 3 of 3