Pranay Sharad Kharkar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3603 OF 2024 Pranay Sharad Kharkar ...Applicant V/s.
The State of Maharashtra
...Respondent.
WITH INTERIM APPLICATION NO. 4378 OF 2024 AND BAIL APPLICATION NO. 3634 OF 2024 Sharad Dattatrey Kharkar ...Applicant V/s.
State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO. 4374 OF 2024 Mr. Aabad Ponda, Senior Counsel, a/w Mr. Harshad Bavkar, Mr.Vishwajeet Nimbalkar i/b Mr.Sandeep Karnik for the Applicant in BA/3603/2024.
Mr.Sandeep Karnik a/w Mr. Harshad Bavkar, Mr. Vishwajeet Nimbalkar i/b Mr. Harshad Bavkar for Applicant in BA/3634/2024. Mr. C. D. Mali, APP for the Respondent/State. Mr. Rangan Majumdar a/w Mr. Sandeep Raman for the Intervenor.
CORAM
:
N.R. BORKAR, J.
DATE :
27.01.2025.
P.C. :
1.
As both these applications for bail are arising out of one and the same crime, they are being disposed of by this common order. 2.
The applicants came to be arrested in Crime No.120 of 2024 registered at N.R.I. Sagari Police Station, Navi Mumbai for the offences punishable under Sections 307, 326, 324, 143, 144, 147, 148, 149, 354, 323, 504 506, 452 and 201 of the Indian Penal Code.
3.
According to the prosecution, on the date of incident, which 1/3
took place on 16.4.2024 at about 9.00 dispute arose between the parties over non functioning of the lift of their residential building. It is alleged that during the said dispute present applicants and other co-accused assaulted the complainant and her husband with steel rod, fist and kick blows and attempted to kill them 4.
I have heard learned senior counsel for the applicant in criminal bail application No. 3603 of 2024, the learned counsel for the applicant in 3634 of 2024, the learned APP of the respondentState and the learned counsel for the complainant/intervenor. 5.
The applicants are in jail for nine months and there are no other criminal antecedents against them.
6.
The learned counsel for the applicants, on instructions, submit that the applicants are ready to stay out of Thane and Raigad District.
7.
Considering the overall facts and circumstances of the case, I am inclined to release the applicants on bail. In the result, I am passing the following order.
O R D E R
A] The Applications are allowed.
B] The applicant - Pranay Sharad Kharkar and the applicant - Sharad Dattatrey Kharkar shall be released on bail in Crime No.120 of 2024 registered at N.R.I. Sagari Police Station, Navi Mumbai for the offences punishable 2/3
under Sections 307, 326, 324, 143, 144, 147, 148, 149, 354, 323, 504 506, 452 and 201 of the Indian Penal Code on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;
C] The applicants shall not enter into the limits of District Thane and Raigad except to attend the dates before the trial Court till conclusion of the trial.
D] The applicants shall not tamper with the prosecution evidence in any manner.
E] The Applications are disposed of.
6.
The Interim Applications do not survive and the same are disposed of.
[N.R.BORKAR, J.] 3/3