Hanumant Laxman Waghmare Alas Tompe v. The State Of Maharashtra

Shambhavi N. Shivgan IN THE HIGH COURT OF JUDICATURE AT BOMBAY Shambhavi N. Shivgan Date: 2021.03.10 18:06:07 +0530 CRIMINAL APPELLATE JURISDICTION Bail Application No. 2915 OF 2019 Hanumant Laxman Waghmare Alas Tompe .. Applicant

Versus

The State of Maharashtra .. Respondent ***** Mr. Tejas Hilage, Advocate for the Applicant. Mr. S.R. Agarkar, APP for State/ Respondent.

Mr. Rajesh J. Mane, A.P.I., Saswad Police Station, Pune. ***** CORAM :

SANDEEP K. SHINDE J.

DATE :

10th MARCH, 2021.

PER COURT :

1.

On 30th January, 2019, complainant had been to petrol pump, where he found three unknown persons were quarreling with his friends; Mihir Dilip Jagtap, Pravin Jagtap, Nana Jagtap and Aniket Jagtap. Complainant intervened and tried to pacify the quarrel, whereupon one of those three unknown persons, shot two bullets on the complainant, which fortunately did not cause with him. 1/4

2.

Complainant would allege that two amongst those three persons, thrashed him by stones. Whereafter all three persons fled the spot in a car towards the Pune City, but accosted by Police. Whereupon, these unknown persons attempted to run a car over the person of police. As a result, another ofence was registered against the three persons including the applicant at Loni Karbhor Police Station under Section 307 of the Indian Penal Code, 1860. 3.

Be that as it may, the applicant was arrested on 30th January, 2019. The role attributed to the applicant is that he injured the complainant by stones.

4.

The investigation is over and the charge-sheet has been fled. There are no criminal antecedents at his discredit. The trial may not commence and conclude within the reasonable time. However, by imposing the conditions, applicant's presence for the trial can be secured.

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5.

In view of the facts of the case and for the reasons stated application is allowed. Hence the following order;

O R D E R

(i) The applicant is directed to be released on bail in Crime No. 45 / 2019, on executing P.R. Bond in the sum of Rs. 30,000/- with local sureties in the like amount; (ii) The applicant shall report to the Investigating Ofcer twice a month i.e. Second and Fourth Sunday of each month commencing from March, 2021 between 11:00 am. to 01:00 pm. till the charge is framed;

(iii) The applicant shall furnish his residential address as well as permanent address and contact details to the investigating ofcer within a week;

(iv) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case; 3/4

6. Application is allowed and disposed of accordingly.

7. It is made clear that observations made hereinabove be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE J.) 4/4