Shimpu Harishchandra Tiwari v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2159 OF 2024 Shimpu Harishchandra Tiwari ...

Applicant V/s.

State of Maharashtra ...

Respondent ------------------- Mr. Aditya A. Thorat with Vaibhav Kadam and Shrinath Badale, Kalpesh Karkera, for the applicant.

Ms. Poonam Bhosale, APP, for the Respondent/State. VARSHA DEEPAK GAIKWAD ---------------------

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD Date: 2024.08.29 10:24:25 +0530 DATE :

28TH AUGUST, 2024.

PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.194 of 2023, registered with Boisar Police Station, for the offences punishable under Sections 302, 307, 326 and 504 of the Indian Penal Code. 3.

Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, prima facie it is evident that the incident took place at a fit of anger and in a spur of moment and it was not a premeditated offence. Furthermore, number of injuries found on the person of the deceased strengthen the above

referred prima facie conclusion.

4.

The applicant is in jail from last about 15 months and in the meantime the charge-sheet has been filed. 5.

In view of the above referred observations, though the learned APP is strongly opposing the application, I am of the opinion that the applicant is entitled for grant of bail. Accordingly, I pass the following order:

ORDER

(i) Criminal Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.194 of 2023, registered with Boisar Police Station, for the offences punishable under Sections 302, 307, 326 and 504 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the said Police Station on 1st and 16th day of every month between 10.00am to 11.00 a.m., till the conclusion of the trial except on the date of trial; iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

v) Liberty is granted to the State for cancellation of bail

if the applicant commits similar offence;

vi) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.

(ANIL S. KILOR, J)