Saurabh S/O Sakharam Jadhav v. State Of Maharashtra

2024:BHC-AS:13541

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3032/2023 SAURABH S/O. SAKHARAM JADHAV ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Shashikant Mane a/w Adv. Kamlesh Y. Mali for the Applicant.

Mr. B.B. Kulkarni, APP for the State.

PSI Bharat Mane, Wakad Police Station, Pimpri-Chinchwad. ------------ CORAM : M. S. KARNIK, J.

DATE : MARCH 20, 2024 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, 307, 326, 324, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act, registered on 29/07/2022 vide C.R. No.657 of 2022 with Wakad Police Station, Pune.

3.

There are in all 8 accused. Co-accused Mahesh Vishnu

Jadhav and Sujeet Prakash Londhe who have identical roles have been enlarged on bail by this Court vide orders dated 04/11/2023 and 04/03/2024 in Bail Application Nos.3132 of 2023 and 2887 of 2023 respectively. The relevant portion of the order dated 04/11/2023 in Bail Application No. 3132 of 2023, reads thus:

"2.

This is an application for bail in respect of the offence punishable under Sections 302, 307, 326, 324, 323, 504, 506, 143, 147, 148, 149, 120-B read with 34 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act, registered on 29/07/2022 vide C.R. No.657 of 2022 with Wakad Police Station, Pune.

3.

There are in all 8 accused. The applicant is accused No.7. The deceased died as a result of stab injuries. There was some quarrel that took place on the date of the incident i.e. 28/07/2022. It appears that the deceased admonished the accused for encouraging a minor child to eat gutkha which annoyed the accused. Some of the accused stabbed the deceased with a knife. The role attributed to the applicant and some accused is that they pelted stones at the deceased and other injured victims. Learned APP opposed the application.

4.

The applicant is not one of the assailants. I have perused the statements of the injured victims. According to the learned counsel for the applicant, there are no criminal antecedents reported against the applicant. The applicant now is in custody for 1 year and 3 months as an undertrial. In the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail. The investigation is complete and the charge-sheet has been filed. The applicant will face the consequences post-trial if found guilty."

4.

The applicant is not the assailant. The role of the applicant is that he pelted stones. On parity with the coaccused Mahesh Vishnu Jadhav and Sujeet Prakash Londhe, though learned APP opposed the application, I am inclined to enlarge the applicant on bail. The applicant was arrested on 29/07/2022 and is now in custody for more than 1 year and 7 months. The trial is not likely to conclude any time soon. The investigation is complete and the charge-sheet is filed. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Saurabh S/o Sakharam Jadhav in connection with C.R. No.657 of 2022 registered with Wakad Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more local/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.

(d) The applicant shall attend the Investigating Officer of Wakad police station once in a month, first Monday of every 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 the purpose of reporting to the Investigating Officer, the applicant shall not enter the jurisdiction of Wakad Police Station after being released on bail, till further orders of the trial Court. (h) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

5.

The application is disposed of.

(M. S. KARNIK, J.) Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 20/03/2024 18:32:25