Swapnil Vishwanath Kadale v. The State Of Maharashtra
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3007 OF 2024 Swapnil Vishwanath Kadale ...Applicant Vs.
The State of Maharashtra
...Respondent
Mr. Anandmaya S. Dhorde, Advocate for Applicant. Mr. P. P. Deokar, APP for State-Respondent.
CORAM:- ANIL S. KILOR, J.
DATED:- 18th NOVEMBER, 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. 125 of 2023 registered with Wadner-Bhairav Police Station, Nashik, for the offences punishable under Sections 302, 504 and 506 of the Indian Penal Code, 1860.
3) Having gone through the charge-sheet and the relevant material collected by the Investigating Officer during the investigation, it is evident that this is not a pre-meditated offence. Furthermore, nothing is there to show that there was any intention of the applicant to kill the deceased.
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4) The complaint itself shows that the axe allegedly used by the applicant was in the hands of the deceased. The applicant had forcefully taken the same and gave a blow from the other side of the axe i.e. by the wooden handle of the axe.
5) The PM report shows two injuries namely contusions over the left parietal region and over left side of orbital region. It is not a case of the prosecution that the applicant gave repeated blows or assaulted the deceased after the alleged single blow.
6) In the circumstances, considering the fact that there is unlikelihood that the trial will be concluded in near future, coupled with the period of incarceration, I am of the opinion that the applicant is entitled for grant of bail.
7) The learned APP, however, strongly opposed the application on the ground that if he is released on bail, he is a resident of the same village where the witnesses reside and in that case, he may pressurise the witnesses.
8) Thereupon, the learned Counsel of the applicant, on instructions, makes a statement that the applicant is ready to abide by any condition including not to enter into territorial jurisdiction of Wadner-Bhairav Police Station till the conclusion of the trial.
ORDER
(i) The Bail Application is allowed;
(ii) It is directed that the Applicant shall be released on bail in Crime No. 125 of 2023 registered with Wadner-Bhairav Police Station, Nashik, for the offences punishable under Sections 302, 504 and 506 of the Indian Penal Code, 1860, on furnishing P.R. 2/3
Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;
iii The applicant shall not enter into the territorial jurisdiction of Wadner-Bhairav till the conclusion of the trial except on the date of trial;
iv.
The applicant shall provide his address and name of the nearby police station to the I.O, which he shall attend the said Police Station on 1st and 16th day of every month between 10.00 am to 11.00 am, till the conclusion of the trial except on the date of trial;
v.
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; vi.
Liberty is granted to the State to apply cancellation of bail if the applicant commits similar offence.; vii.
The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.
viii. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 3/3