Vishal Bhimrav Pawar v. State Of Maharashtra

BHALCHANDRA GOPAL DUSANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE Date: 2024.03.11 18:18:38 +0530 CRIMINAL BAIL APPLICATION NO. 4187 OF 2023 Vishal Bhimrav Pawar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Firoz Maner, a/w Mr. Vikrant Shinde, Advocate, for the Applicant. Ms. Supriya Kak, APP, for Respondent- State.

CORAM : MADHAV J. JAMDAR, J.

DATED : 11th March 2024 P. C.

1.

Heard Mr. Maner, learned Counsel for the Applicant and Ms. Kak, learned APP for the Respondent-State.

2.

This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:-

1. C.R. No.

2. Date of registration of F.I.R.

14th August 2017

3. Name of Police Station Jaysingpur, District-Kolhapur

4. Section/s invoked 396, 397 of I.P.C., 1860;

5. Date of incident 13th August 2017

6. Date of arrest 18th September 2017

7. Date of filing Charge-sheet 15th December 2017 3.

As per the prosecution case, the informant noticed on 14th August 2017 that there was an incident of dacoity in his house on the Page No. 1/4

intervening night of 13th August 2017 and 14th August 2017, in which his parents were assaulted. The mother was found lying in a pool of blood and the father was found to be seriously injured and there was a theft of gold ornaments and cash worth of Rs.7,22,500/-. 4.

Mr. Maner, learned Counsel for the Applicant submitted that the Applicant was apprehended on 18th September 2017 and till date there is no progress in the trial and even the Charge is also not framed yet. He further submitted that the case is of circumstantial evidence and except recovery of gold ornaments, which is in fact recovery in an other case, there is no other evidence. He submitted that the prosecution has not even conducted the test identification parade. He submitted that there are a total of 6 Accused persons. Accused Nos.3 and 6 have been granted bail by the learned Trial Court and Accused No.5 has been granted bail by this Court by a learned Single Judge (Coram: C.V. Bhadang, J.) by the Order dated 17th March 2022 passed in Bail Application No.3700 of 2021.

5.

Apart from the merits of the case, it is to be seen that the F.I.R. is dated 14th August 2017, the Applicant was apprehended on 18th September 2017 and till date there is no progress in the trial and even the Charge is also not framed yet.

6.

Learned Counsel for the Applicant states that as per the Chargesheet, the prosecution proposes to examine about 33 witnesses. The Page No. 2/4

trial is likely to take a considerably long time. 7.

Speedy trial is one of the facets of right to life and liberty guaranteed under Article 21 of the Constitution of India. Speedy trial is an essential ingredient of "reasonable, fair and just" procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the Accused.

1 Therefore, the Applicant is entitled for bail. 8.

The Applicant does not appear to be at risk of flight. 9.

Accordingly, the Applicant can be enlarged on bail by imposing conditions.

10. In view thereof, the following order:-

O R D E R

(a) The Applicant-Vishal Bhimrav Pawar be released on bail in connection with C. R. No.200 of 2017 registered with the Jaysingpur Police Station, District-Kolhapur on his furnishing P. R. Bond of Rs.25,000/- with one or two local solvent sureties in the like amount.

(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

Hussainara Khatoon (IV) v. Home Secy., State of Bihar, (1980) 1 SCC 98 Page No. 3/4

(c) The Applicant shall report to the Jaysingpur Police Station, District-Kolhapur once every week i.e. on the Sunday of every week between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.

(d) 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 such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any prosecution witness in any manner.

(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

(g) The Applicant shall surrender his passport, if any, to the Investigating Officer.

11. The Bail Application is disposed of accordingly.

12. It is clarified that the observations made herein are prima facie, and the Trial Court shall decide the case on its merits, uninfluenced by the observations made in this Order.

[MADHAV J. JAMDAR, J.] Page No. 4/4