Indrajit Sukhdev Chikane And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3950 OF 2022

1) Indrajit Sukhdev Chikane

2) Vinod @ Baburao Vitthal Chikane ..Applicants VS.

The State of Maharashtra ..Respondent ------------ Mr. V.V. Purwant a/w Rushikesh Kale for the Applicant. Ms. P. N. Dabholkar, APP for the State.

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

DATE : JANUARY 4, 2023.

P.C. :

1.

Not on board. Taken on board.

2.

Heard learned counsel for the applicants and the learned APP.

3.

This is an application for bail filed by the applicants - Indrajit Sukhdev Chikane and Vinod @ Baburao Vitthal Chikane, in connection with C.R. No. 183 of 2022 dated 19.06.2022, registered with Barshi Taluka Police Station, District Solapur, for the offence punishable under sections 307, 365, 323, 504, 506, 143, 147, 149 of the Indian Penal Code, 1860.

4.

The First Information Report (FIR) is lodged by 1/4

Jayashree Dattatray Mutkule. It is alleged that the applicants wanted to purchase a land which was owned by Suresh Narkhade. However, Suresh sold the land to the sister of the complainant. The applicants were annoyed and therefore, on 18/06/2022, they assaulted Suresh with kick and fist blows. It is alleged by Suresh that he sustained injuries on his face and body. It is further alleged by the Suresh that the applicants wanted to throw him in burning grass. However, he saved himself. Suresh has sustained simple injuries.

5.

The applicant nos. 1 and 2 are in custody since 10/09/2022 and 30/08/2022 respectively. The chargesheet has been filed and the investigation is complete so far as these applicants are concered. There are criminal antecedents recorded against the applicants at Barshi Taluka Police Station. Against the applicant no. 1 there are four cases registered, two of them are under section 307 of IPC and against the applicant no. 2 there are two cases under section 307 of IPC registered. In this view of the matter, considering the nature of the allegations and the 2/4

role attributed to the applicants, coupled with injuries sustained by Suresh, the applicants could be released on bail. However, it is necessary that stringent conditions need to be imposed against the applicants while granting them bail. Hence, the following order.

O R D E R

(a) The applicants - Indrajit Sukhdev Chikane and Vinod @ Baburao Vitthal Chikane, in connection with C.R. No. 183 of 2022 dated 19.06.2022, registered with Barshi Taluka Police Station, District Solapur, shall be released on bail on furnishing P.R.

bond in the sum of Rs.25,000/- each with one or more sureties of the like amount.

(b) The applicants shall remove themselves from the Solapur District and shall not enter the Solapur District except for the purpose of attending the trial.

(c) While staying outside the Solapur District, the applicants shall furnish their contact number and residential address to the Investigating Officer and shall keep him updated, if there is any change.

(d) While staying outside the Solapur District, the applicants shall report to the 3/4

nearest police station close to the place of their residence, once in a week i.e. on every Sunday between 10.00 am and 12.00 noon.

(e) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(f) Liberty to make an appropriate application for modification of conditions of bail after 1 year.

6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4