Rambhau Balu Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1938 OF 2015 Rambhau Balu Pawar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. B. A. Lawate for the Applicant Ms. A. T. Jhaveri, A.P.P for the Respondent-State I.O Mr. Sajan Vithoba Hankane from Daund Police Station, is present CORAM : REVATI MOHITE DERE, J.

TUESDAY, 26 th APRIL, 2016 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P for the State.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 250 of 2015 registered with the Daund Police Station, Pune, for the alleged offences punishable under Sections 307 r/w 34 of the Indian Penal Code.

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3.

The incident has taken place between 19th September, 2015 at about 11:00 p.m to 20th September, 2015 up to 6:30 a.m. It is alleged by the complainant-Santosh Pawar that the accused including the applicant had connected a detonator wire to a gelatin stick and tied the same to his motorcycle, so that, the motorcycle would explode when he started it. It is alleged that the applicant intended to kill the complainant as the accused was suspecting that the complainant was having illicit relations with Sunita, wife of co-accused Kinu @ Kiran Pawar.

4.

Learned Counsel for the applicant submitted that the applicant has been falsely implicated in the said case. He submitted that no role has been ascribed to the present applicant. He submitted that the applicant had no motive to commit the alleged offence.

5.

Learned A.P.P submitted that the two other co-accused have been arrested and enlarged on bail. She does not dispute the fact that the applicant had been attending the concerned Police Station as directed by this Court.

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6.

Perused the papers. Although the applicant has been named, no role has been assigned to the applicant. The motive is alleged to coaccused Kinu @ Kiran Pawar. There are no antecedents of the applicant. 7.

Considering the aforesaid, the application is allowed and the applicant is granted anticipatory bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 15,000/- with one or two sureties in the like amount;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called;

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

(iv) The applicant shall inform his latest place of residence and mobile contact number to the Investigating Officer of the concerned Police Station;

(v) The applicant to cooperate in the conduct of the trial; 7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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