Karna Pravin Raval v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2317 OF 2024 Karna Pravin Raval ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Amey Deshpande a/w. Mr. Harsh Nishar, Ms. Hetvi Nishar and Ms. Vandana Bait for applicant.

Mr. Bapu V. Holambe-Patil, APP for respondent-State. Mr. Sachin S. Yerurkar, PSI, Police Station Meghwadi, District Brihanmumbai. CORAM : MANISH PITALE, J.

DATE :

01st JULY, 2024 P.C. :

.

Heard learned counsel for the applicant and the learned APP for respondent-State.

2.

In the present case, the applicant is one of the accused persons concerning FIR No.0250 of 2024 dated 05.05.2024 registered at Police Station Meghwadi, District Brihanmumbai for offence under Section 306 of the Indian Penal Code, 1860. The applicant was arrested on 07.05.2024 and he is behind bars since then.

3.

The learned counsel for the applicant submits that even if the statement of the informant is taken into consideration as regards threats given to the victim, they pertain to the period that was a few months before the registration of FIR, further stating that the allegations are vague. It is further submitted that insofar as the incident is concerned, there is no specific allegation in proximity to the point in time when the victim committed suicide.

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4.

The learned APP informs this Court that the investigation is over and the chargesheet will be filed at the earliest. 5.

A perusal of the statement of the informant, leading to registration of FIR, shows that the informant i.e. the father of the victim stated that the applicant before this Court had allegedly threatened the victim and when the informant questioned him regarding such conduct, he reiterated the threat. But, it is specifically stated that this happened many months ago. Thereafter, there is an allegation that the applicant again threatened the victim. But, there are no specifics regarding the date and time. 6.

As regards the allegations pertaining to the time period in proximity to the incident i.e. the victim having committed suicide, this Court does not find any specific allegation against the applicant. In fact, it is stated that the applicant was asking for return of his money and that the co-accused person was doubting the character of the victim, as he was under an impression that the victim was having affair with the applicant. 7.

Considering the nature of allegations made against the applicant in the present case, as also the fact that the investigation is now complete and the applicant does not have any criminal antecedents, this Court is of the opinion that bail can be granted, subject to imposing appropriate conditions. 8.

In view of the above, the application is allowed in the following terms: (i) The applicant shall be released on bail in connection with FIR No.0250 of 2024 dated 05.05.2024 registered at Police Station Meghwadi, District Brihanmumbai for offence under Section 306 of the IPC, on furnishing PR Bond of 50,000/- (Rupees Fifty Thousand only) and ₹ 2/3

one or two sureties in the like amount to the satisfaction of the trial Court;

(ii) upon release, within one week, the applicant shall inform the Investigating Officer as well as the trial court about his contact number and residential address and update the same in case of any change; (iii) the applicant shall co-operate with the trial Court and attend the proceedings before the trial Court on each and every date, unless specifically exempted;

(iv) the applicant shall not tamper with the evidence of the prosecution in any manner. He shall not undertake any action that may influence the informant, witnesses and other persons concerned with the case. 9.

The applicant shall be liable to face proceedings for cancellation of bail, in the event any of the aforesaid conditions are violated. 10.

It is also clarified that the observations made in this order are limited to the disposal of the present bail application and the trial court shall proceed further in the matter without being influenced by the observations made hereinabove.

11.

The application is disposed of.

(MANISH PITALE, J) Digitally signed by PRIYA KAMBLI Date:

2024.07.01 14:31:48 +0530 Priya Kambli PRIYA KAMBLI 3/3