Pandurang Balwant Jorwar v. State Of Maharashtra

2024:BHC-AS:249

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4266 OF 2023 Pandurang Balwant Jorwar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Yogesh Birajdar i/b. Mr. Nagraj Shinde, for the Applicant. Ms. Veera Shinde, APP, for the Respondent-State. CORAM : MADHAV J. JAMDAR, J.

DATED : 4th JANUARY 2024 P.C. :

1.

Heard Mr. Yogesh Birajdar, learned Counsel appearing for the Applicant and Ms. Veera Shinde, learned APP appearing for the Respondent/State.

2.

This is regular Bail Application filed under Section 439 of the Code of Criminal Procedure, 1973 by the Applicant who is Accused No.3.

3.

The relevant details are as follows:- C.R. No.

Date of Registration of F.I.R.

17th June 2023 1/4

Police Station Akluj, Dist. Solapur Sections Applied 307, 324, 323, 504, 506 and 34 IPC Date of Incident 16th June 2023 Date of Arrest 3rd September 2023 Date of filing of Chargesheet 20th September 2023 4.

Perusal of the material on record shows that the Applicant i.e. Accused No.1 is the brother of the Informant/Complainant. There are civil disputes between the parties regarding partition. The incident took place in the agricultural land, which is the ancestral land of the Applicant and the Informant. Suddenly quarrel took place between the family of the Applicant and the Informant and therefore, crosscomplaints are filed. Even the Applicant has also suffered injuries and some of the injuries are grievous. There are total three accused i.e. Applicant and his two sons i.e. Accused Nos.2 and 3. They are already granted bail by the Additional Sessions Judge, Malshiras. The trial is unlikely to be concluded any time soon and will take a considerably long time. There are no criminal antecedents reported against the Applicant. The Applicant does not appear to be a flight risk and can be enlarged on bail.

5.

Mr. Yogesh Birajdar, learned Counsel appearing for the 2/4

Applicant states that as the witnesses are from the same village, the Applicant will reside outside the Solapur District. 6.

Accordingly, 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-Pandurang Balwant Jorwar be released on bail in connection with C.R. No.454 of 2023 registered with Akluj Police Station, Solapur on his furnishing P. R. Bond of Rs.25,000-/- with one or two local sureties in the like amount.

(c) The Applicant shall not enter the area covered under the jurisdiction of village Mire, Tal. Malshiras, Dist. Solapur on being released on bail, except for reporting to the Investigating Officer, if called.

(d) On being released on bail, the Applicant shall furnish his contact number and residential address to the Investigating Officer while residing outside said village Mire, Tal. Malshiras, Dist. Solapur and shall keep the same updated, in case there is any change. (e) The Applicant shall report to the Akluj Police Station, Solapur once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. 3/4

till the trial concludes.

(f) 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/her from disclosing the facts to Court or any Police Officer. The Applicant shall not tamper with evidence.

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

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

(i) The Application is disposed of.

[MADHAV J. JAMDAR, J.] 4/4