Ajay Pravin Patil And ANR v. The State Of Maharashtra
2023:BHC-AS:24565
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2407/2023
1) AJAY PRAVIN PATIL
2) SAMADHAN D. PATIL ...APPLICANTS VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Ms. Shubhangi Parulekar for the Applicants.
Mr. P. H. Gaikwad, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : AUGUST 28, 2023.
P.C. :
1.
Heard learned counsel for the applicants and learned APP for the State.
2.
This is an application for bail in respect of the offence punishable under Sections 302, 307, 324, 323, 504 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.53 of 2022 with Lonavala Rural Police Station, District Pune.
3.
The First Information Report was lodged on 09/04/2022. The accusations are that the applicants who are accused Nos. 2 and 4 along with accused Nos. 1 and 3 have assaulted the deceased Manoj Patil and caused injuries to the friends of the deceased. It is alleged that a scuffle 1/3
broke out over a stolen mobile phone. It is alleged that accused No.1 Pravin Patil assaulted the injured witness Rohit Patil with a knife. Later on, it was realised that the deceased Manoj Patil had suffered a stab injury. The injury is attributed to accused No.1. The applicants were arrested on 03/05/2022 and have been in custody for more than 15 months. Accused No.3 Ravindra Gopinath Patil has been enlarged on bail vide order dated 19/07/2023 passed by this Court.
4.
Learned APP opposed the application.
5.
As the trial is likely to take a long time to conclude and considering the role of the applicants and after going through the post-mortem notes along with the statements of the witnesses recorded under Sections 161 and 164 of the Code of Criminal Procedure, 1973, the present applicants can be enlarged on bail. The chargesheet is filed and the investigation is complete. No criminal antecedents are reported against the applicants. Hence, the following order :-
O R D E R
(a) The applicants in connection with C.R. No.
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53 of 2022 registered with Lonavala Rural police station shall be released on bail on their furnishing P.R. Bond of Rs.25,000/- each with one or more sureties each in the like amount. (b) The applicants shall attend the Investigating Officer of the Lonavala Rural police station once in a month every first Saturday of the month between 11.00 a.m. and 2.00 p.m.
(c) The applicants shall remain present before the trial Court on each date unless exempted by the Court.
(d) The applicants 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 applicants shall not tamper with evidence.
(e) The applicants shall, at the time of execution of the bond, furnish their addresses and mobile numbers to the Investigating Officer and the Court concerned, and shall not change the residence till the final disposal of the case. 6.
The application is disposed of.
(M. S. KARNIK, J.) 3/3