Sunny Jagdish Singh Randhawa v. The State Of Maharashtra Thr Pso Ps Pardi Dist.Nagpur
2025:BHC-NAG:6339
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 531 OF 2025 Sunny Jagdish Singh Randhawa (In Jail) Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Yusuf Jameel Sheikh, counsel for applicant. Mr. C.A. Lokhande, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 30 /06/2025.
1.
The applicant came to be arrested on 24/12/2023 in connection with Crime No. 604/2023 registered with Police Station Pardi, Nagpur District Nagpur for the offence punishable under Sections 307, 302 read with Section 34 of the Indian Penal Code, 1860.
2.
Heard learned counsel for the applicant, who submitted that the crime is registered on the basis of a report lodged by Vishal Arun Marai on an allegation that he is working as a mechanic in the garage. On 23/12/2023, when he had been to garage, the witness, the applicant, and the other co-accused were quarrelling with one unknown person. During the altercation, the other co-accused had given a blow of a wooden rafter on the head of the said unknown person, due to which he sustained the injuries and subsequently succumbed to death.
3.
He further submitted that as far as the present applicant is concerned, no role in the assault has been attributed to him, the role of the assault is assigned to the other co-accused. Now, the investigation is already completed and charge-sheet is already filed, further incarceration of the applicant is not required. In view of that, the applicant be released on bail.
4.
Learned APP strongly opposed for the same reason on the ground that the present applicant is the root cause of the said incident. He initiated the quarrel with the said unknown person and thereafter, the coaccused assaulted him. 5.
On hearing both sides and on perusal of the investigation papers, it reveals that as per as the present applicant is concerned, admittedly the initial quarrel was between the present applicant and the said unknown person, who succumbed to death.
Considering the role attributed to the present applicant, which is to the extent of the quarrel between him and the deceased. Thus, the investigation is completed and charge-sheet is filed, further incarceration of the present applicant is not required. The applicant has made out a case for grant of bail. Accordingly, I proceed to pass the following order.
ORDER
a] Criminal Application is allowed.
b] The applicant -Sunny Jagdish Singh Randhawa, in connection with Crime No.
604/2023 registered with Police Station Pardi, Nagpur District Nagpur for the offence punishable under Sections 307, 302 read with Section 34 of the Indian Penal Code, 1860, on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.
c] The applicant shall not enter into the jurisdiction of Pardi Police Station, till culmination of the trial.
d] The applicant shall furnish his detail address along with the address proof, wherein he is intending to reside after releasing him on bail.
e] The applicant shall attend the proceeding before the Sessions Court without seeking any exemption unless there are exceptional circumstances.
f] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.
Criminal application is disposed of.
[URMILA JOSHI-PHALKE, J.]