Swapnil Dada Kotwal v. The State Of Maharashtra

913-ba-3304-22.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.03.08 14:53:43 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3304 OF 2022 Swapnil D. Kotwal ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Balwant Salunkhe for the Applicant.

Mrs. Rutuja Ambekar , APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

19.01.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 882 of 2020 registered at Hadapsar Police Station, Pune for the ofences punishable under Sections 302, 324, 323 read with 34 of the Indian Penal Code and Section 37(1) read with 135 of the Maharashtra Police Act.

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

4.

After the alleged incident, which took place on 9 May 2020, the statement of the deceased was recorded and on the basis of said statement initially crime was registered for the ofence punishable under Section 324 of the IPC.

Dinesh S. Sherla 1/2

913-ba-3304-22.doc 5.

I have perused the said statement of deceased. It appears from the said statement that on the date of alleged incident, the present applicant and other co-accused assaulted the deceased by knife on account of some trivial dispute. The applicant appears to be in jail for about 3 years. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 882 of 2020 registered at Hadapsar Police Station, Pune for the ofences punishable under Sections 302, 324, 323 read with 34 of the Indian Penal Code and Section 37(1) (3) read with 135 of the Maharashtra Police Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station once in a month i.e. on frst Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2