Chetan Laxman Chavan v. State Of Maharashtra

39-BA-2688-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2688 OF 2022 Chetan Laxman Chavan ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Pranav Girme for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 5 APRIL 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 212 of 2021 registered at Khadakwasala Police Station, Pune for the offences punishable under Sections 307, 326, 143, 146, 147, 148, 149, 323, 504, 506 r/w. 34 of Indian Penal Code and Sections 142, 37 r/w. 135 of the Maharashtra Police Act.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

Kanchan P Dhuri 1 / 2

39-BA-2688-2022.odt 4.

According to the prosecution, on the date of incident, which took place on 26 September 2021, the present applicant and other coaccused assaulted the complainant by koyta etc. and attempted to kill him due to previous enmity.

5.

I have perused the injury certificate. There is only one injury. The applicant is in jail for about 11⁄2 years. The learned APP submits that the applicant is involved in six more crime. However, considering the facts and circumstances, I am inclined to release the applicant on bail on certain conditions. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Chetan Laxman Chavan be released on bail in Crime No. 212 of 2021 registered at Khadakwasala Police Station, Pune for the offences punishable under Sections 307, 326, 143, 146, 147, 148, 149, 323, 504, 506 r/w. 34 of Indian Penal Code and Sections 142, 37 r/w. 135 of the Maharashtra Police Act, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (iii) The applicant shall attend the concerned police station once in a month i.e. on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

(iv) The prosecution is at liberty to move an application for cancellation of the bail, if the applicant commits any other offence. ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2