Hrutik Kantaram Chavan v. State Of Maharashtra
2023:BHC-AS:30934
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2859 OF 2023 HRUTIK KANTARAM CHAVAN ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Harshwardhan Pawar for the Applicant.
Ms. Veera Shinde, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : OCTOBER 16, 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 the offence punishable under Sections 302, 143, 147, 149, 188, 120-B, 109 of the Indian Penal Code and Section 135 of the Maharashtra Police Act registered on 23/05/2020 vide C.R. No.368 of 2020 with Vadgaon-Maval Police Station, Pune. 3.
There are in all 10 accused. The applicant is accused No.7. The applicant is claiming parity with co-accused Akash Eknath Navghane who has been enlarged on bail by the trial Court by order dated 27/11/2020. It is the prosecution's case that the victim was killed by the accused. From the present applicant, there is a recovery of 4 blood1/3
stained koytas which were used in the commission of the offence.
4.
Learned APP submitted that the offence is serious in nature and the applicant has participated in the assault. Learned APP invited my attention to the statement of Laxman Sanjay Pawar. It is the accusation that the accused have assaulted the victim with 4 koytas. Having regard to the materials on record, I am, prima facie, of the opinion that the role of the applicant is similar to that of the accused Akash Eknath Navghane who has been enlarged on bail by the trial Court. I have gone through the order passed by the trial Court.
5.
The applicant has been in custody since 23/05/2020 for a period of more than 3 years. I am informed that even the charge has not been framed so far. Therefore, the trial is likely to take a long time to conclude. No criminal antecedents are placed on record. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Hrutik Kantaram Chavan in connection 2/3
with C.R. No.368 of 2020 registered with Vadgaon-Maval Police Station shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more solvent sureties in the like amount.
(c) The applicant shall attend the Investigating Officer of Vadgaon-Maval police station once in a month 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 Officer. 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 Officer and shall keep him updated, in case there is any change.
(f) The applicant shall not enter into Village Takve Bdk. Tal. Vadgaon Maval, Dist. Pune after being released on bail, till the trial concludes.
(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
6.
The application is disposed of.
(M. S. KARNIK, J.) 3/3