Sandeep @ Sandy Devidas Shinde v. The State Of Maharashtra

2023:BHC-AS:28712

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2932 OF 2023 SANDEEP @ SANDY DEVIDAS SHINDE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Isha Saglani h/f Adv. Amrish Salunke for the applicant. Mr. P. H. Gaikwad, APP for the State.

PSI Ravindra Jedhe, Govandi Police Station.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 29, 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 307, 326, 504, 143, 144, 147, 148 of the Indian Penal Code (hereafter 'IPC' for short), under Sections 4, 25 of Arms Act and under Sections 37(1) (A), 135 of Maharashtra Police Act registered on 20.02.2022 vide C.R. No.32 of 2022 with Govandi Police Station. 3.

The date of the incident is 19.02.2022. There are in all five accused. The applicant is the accused No.3. The grievous injury suffered by the injured witness is 1/3

attributed to the co-accused. There are simple injuries suffered by the informant attributed to the applicant. The applicant was arrested on 22.02.2022 and is now in custody for more than one year and seven months. The investigation is complete and the charge-sheet has been filed. There is one criminal antecedent reported against the applicant. The antecedent itself should not deprive the applicant the facility of bail considering that the applicant is in custody for more than one year and seven months. The applicant is a young boy of 24 years of age. The applicant can be enlarged on bail by imposing stringent conditions. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Sandeep @ Sandy Devidas Shinde in connection with C.R. No.32 of 2022 registered with Govandi Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.

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(d) The applicant shall attend the Investigating Officer of Govandi Police Station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(e) 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. (f) 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.

(g) Except for attending the trial and for the purpose of reporting to the Investigating Ofcer, the applicant shall not enter the jurisdiction of Govandi Police Station after being released on bail, till the trial concludes. 4.

The application is disposed of.

5.

It is made clear that the present order is passed in the facts of the present case considering the role of the present applicant and the antecedent recorded.

(M. S. KARNIK, J.) 3/3