Sachin Dattatraya Khandale v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3016 OF 2024 Sachin Dattatraya Khandale ...
Applicant V/s.
The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO.4840 OF 2024 Lalit Dattatraya Gawade ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.12.03 14:04:38 +0530 VARSHA DEEPAK GAIKWAD Mr. Priyal Sarda with Shubham Sane, for the applicant. Ms.Geeta Mulekar, APP, for the Respondent / State. Mr. D. Badhe with Ishan Aditya Hegde I.by Venkatesh Shinde, for the applicant in IA.
--------------------
CORAM
:
ANIL S. KILOR, J.
DATE :
29TH 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.707 of 2022, registered with Shikrapur Police Station, Pune, for the offences punishable under Sections 302 of the Indian Penal Code, 1860 (for
short, IPC).
3.
Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the offence was not premeditated and there was no motive to eliminate the deceased, who was the wife of the applicant. Though there is evidence that there used to be quarrel between the applicant and the deceased, however, as I have noted that prima facie the offence is not premeditated, but it had taken place in a fit of anger when the deceased asked the applicant why he did not attend the family function.
4.
In the said backdrop, though the learned counsel for the informant and the learned APP have strongly opposed the application, considering the period of incarceration, nature of allegation and the material collected by the IO during the investigation, I am of the opinion that further custody of the applicant is not necessary and he is entitled for grant of bail.
5.
The learned APP pointed out that the witnesses are the relatives of the applicant and therefore there is every likelihood that if the applicant is released on bail he may pressurize them. 7.
Shri Sarda, the learned counsel for 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 Shikrapur, Pune till the conclusion of the trial. 8.
In the circumstances, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant be released on bail in Crime No.707 of 2022, registered with Shikrapur Police Station, Pune, for the offences punishable under Sections 302 of the Indian Penal Code, 1860 (for short, IPC)., on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount; iii) The applicant shall not enter into territorial jurisdiction of Shikrapur, Pune, till the conclusion of the trial;
iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st day of every month between 10.00a.m. 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 to apply for cancellation of bail in case of any breach of condition or if the applicant misuse of liberty;
vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
The application is disposed of.
(ANIL S. KILOR, J)