Harshad @ Harshal Kumar Shinde v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3585 OF 2022 Harshad @ Harshal Kumar Shinde ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Suhas Rohile for the Applicant.

Mr. S.S. Hulke, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 20 JANUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 80 of 2021 registered at Lonikand Police Station, Pune for the offence punishable under Sections 120-B, 302 r/w. 34 of Indian Penal Code and Section 3 r/w. 25 of the Arms Act, 1959.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

1 / 3

4.

According to the prosecution, the present applicant and other co-accused entered into the conspiracy to commit the murder of the deceased due to political rivalry / previous dispute. It is alleged that pursuant to the said conspiracy, on 9 February 2021, the co-accused Roshan Sahu committed the murder of the deceased by shooting him dead. 5.

According to the prosecution, the present applicant was one of the conspirators. The Sessions Court has released co-accused Aditya Daphal, Prathmesh Shivde, Rohit Manjule, Akash Dadgule and Manoj Salve on bail, who according to the prosecution were conspirators in the alleged crime. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail on certain conditions. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Harshad @ Harshal Kumar Shinde be released on bail in Crime No. 80 of 2021 registered at Lonikand Police Station, Pune for the offence punishable under Sections 120-B, 302 r/w. 34 of Indian Penal Code and Section 3 r/w. 25 of the Arms Act, 1959 on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall not enter into the limits of Pune District except to attend dates before the trial Courts, till conclusion of trial. (iv) The learned Counsel for the applicant on instructions submits that the applicant shall not seek relaxation of the abovesaid condition.

2 / 3

(v) The applicant shall furnish residential address where he is going to reside after his release and mobile number to the concerned police station.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.03.09 16:03:24 +0530 KANCHAN PRASHANT DHURI 3 / 3