Sandip Pandurang Dhavale v. The State Of Maharashtra

(6)-BA-2408-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2408 OF 2024 Sandip Pandurang Dhavale ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Sujay Gangal, for the applicant.

Ms. Priyanka Rane, APP, for the Respondent / State. AI, R.B. Kadam, Shirur Police Station, Pune Gramin, Present. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.08.14 11:26:15 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

13TH 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.407 of 2022, registered with Shirur Police Station, Pune Gramin, for the offences punishable under Sections 302, 324, 326, 323, 504, 506 r/w 34 of the Indian Penal Code r/w Sections 3, (25) (27) of the Indian Arms Act. 3.

The learned counsel for the applicant submits that the death was caused to both the deceased because of three rounds fired by the accused no. 1. As far as the applicant who is the brother of the accused no. 1 is concerned, the only allegation is that he helped the accused no. 1 to flee away from the scene of offence. He therefore, submits that varsha

(6)-BA-2408-2024.doc since the applicant is in jail from last 2 years and 2 months and as the charge-sheet has been filed, this Court may grant bail to the applicant. 4.

On the other hand, the learned APP strongly opposed the application and pointed out the statements of minor daughters of the accused no. 1 who are the eye-witnesses and according to the said witnesses the applicant was instigating the accused no. 1 to take both the girls together, so that they can also be finished. After hearing such words of the applicant, both the girls ran away from the spot to save their lives.

5.

Thus, it appears that though the accused no. 1 fired three rounds from a gun. The applicant with common intention and that can be seen from the statement of the minor daughters of the accused no. 1.

6.

In the circumstances, considering the seriousness of the offence, I am not inclined to grant bail. Accordingly, it is rejected. 7.

Trial is expedited.

8.

The learned counsel for the applicant undertakes to supply copy of this order on the record of the trial Court within two weeks from today.

(ANIL S. KILOR, J) varsha