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Bombay High CourtBA/3720/2023allowed

Kishor Pandurang Pawar v. The State Of Maharashtra

2023-12-01Hon'Ble Shri Justice M. S. Karnik3 pages

2023:BHC-AS:35663

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3720 OF 2023 KISHOR PANDURANG PAWAR ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Bhalchandra Shinde for the applicant.

Mr. P. H. Gaikwad, APP for the State.

PSI D. V. Salunkhe, Kurla Police Station.

------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 1, 2023 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 326, 324, 504 of the Indian Penal Code (hereafter 'IPC' for short) registered on 31/7/2023 vide C.R. No.358/2023 with Kurla Police Station, Mumbai. 3.

Learned APP opposed the application for bail and submits that the charge-sheet has now been filed. 4.

The applicant was arrested on 2/8/2023. It is the accusations that the applicant stabbed the injured witness with a knife.

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5.

I have perused the injury certificate.

6.

The applicant is in custody almost for four months with no possibility of the trial concluding any time soon. There are no criminal antecedents reported against the applicant. Looking at the nature of the injuries, that the investigation is complete and the charge-sheet has been filed, any further detention can only be by way of a pre-trial punishment. The applicant does not appear to be a flight risk. The applicant can be enlarged on bail by imposing conditions. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Kishor Pandurang Pawar in connection with C.R. No.358/2023 registered with Kurla Police Station, Mumbai, shall be released on bail on his furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount. (c) The applicant is permitted to furnish cash bail surety in the sum of Rs.15,000/- for a period of 6 weeks in lieu of surety.

(d) The applicant shall attend the Investigating OfÏcer of Kurla police station once in three months on first Saturday 2/3

of the month between 11:00 a.m. to 01:00, commencing from January 2024, till further orders.

(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 OfÏcer. 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 OfÏcer and shall keep him updated, in case there is any change.

(g) Except for attending the trial and for the purpose of reporting to the Investigating OfÏcer, the applicant shall not enter the jurisdiction of Kurla 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.

(i) The applicant shall surrender his passport, if any, to the investigating ofÏcer.

7.

The application is disposed of.

(M. S. KARNIK, J.) 3/3