Krishna Sandip Shinde v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3832 OF 2021 Krishna Sandip Shinde ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Shailesh D. Chavan, for the Applicant.

Mr. H. J. Dedhia, APP, for the State-Respondent. Mr. Rohan Hogle, for the Intervenor.

CORAM : V. G. BISHT, J.

RESERVED ON : 07th December, 2021.

PRONOUNCED ON : 20th December, 2021.

PC:- .

The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in C.R. No. 949 of 2021 registered with Satara City Police Station, District- Satara for the offences punishable under Sections 307, 504 r/w 34 of the Indian Penal Code.

It is the case of prosecution that the informant is the brother of injured, namely, Vijay Vinod Kamble. On 11/10/2021 in between 12-00 Rekha Patil 1/3

p.m. to 12-30 p.m. while the injured was taking tea at Satari Tea Shop, applicant asked injured as to why he had said something to his father and then the others, who were companion of the applicant, namely, Gaurav Bhise @ Tetya and Shubham Sathe started abusing the injured. The prosecution alleges that accused Shubham when tried to give a blow of knife, the blow landed on the back of the injured. Thereafter the applicant tried to give a blow of sickle on the head of injured but that was shielded on the left hand by the injured. Gaurav Bhise @ Tetya also beat the injured by means of a stick. The informant accordingly lodged the report.

Heard learned Counsel for the applicant and learned APP assisted by learned Counsel for the intervenor.

I have gone through the order dated 28/10/2021 passed by the learned Additional Sessions Judge, Satara. It appears that the injured had sustained grievous injury, the nature of which is not explained or commented upon.

It further appears from the record that the applicant is only 20 years of age and is a student.

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Keeping in mind the nature of offence, it would not be desirable to keep the applicant behind the bar. Hence, the following order.

ORDER

(i) Applicant- Krishna Sandip Shinde shall be released on bail in C.R. No. 949 of 2021 registered with Satara City Police Station, DistrictSatara on his executing P .R. bond in the sum of Rs.20,000/- with one or more sureties in like amount.

(ii) The applicant shall not tamper with the prosecution evidence. (iii) Bail before the trial Court.

(iv) The application is allowed in the aforesaid terms and stands disposed of accordingly.

REKHA PRAKASH PATIL (V. G. BISHT, J.) REKHA PRAKASH PATIL Date: 2021.12.20 13:38:12 +0530 Rekha Patil 3/3