Manoj Suresh Sakpal v. State Of Maharashtra

Prasad Rajput IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3782 OF 2024 Manoj Suresh Sakpal .. Applicant

Versus

State Of Maharashtra .. Respondent ....................

 Mr. Manoj Mohite, Senior Counsel a/w P.H. Chavan i/b Mr. Raju Suryawanshi, Advocate for Applicant.

 Ms. Savita M. Yadav, APP for State.

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CORAM : MILIND N. JADHAV, J.

DATE : APRIL 04, 2025 P. C.

:

1.

Heard Mr. Mohite, learned Senior Counsel for Applicant and Ms. Yadav, learned APP for State.

2.

Mr. Mohite, learned Senior Counsel stated that Applicant in the present case is one of the co-accused persons in the present crime. He is indicted under Section 302 of the IPC and is incarcerated for the past one year.

2.1.

He would submit that he and another co-accused person were Police Personnel. The facts of the case as narrated by him are such that while in the line of their duty Applicant and co-accused Police Personnel chased the criminal who took advantage of the situation to escape and was running away. He would submit that when the victim was cornered, he carrying a knife inflicted a blow with the

knife on the Applicant as well as the co-accused. Injury caused to the Applicant and co-accused Police Personnel is supported by an injury certificate. He would however clarify that insofar as Applicant is concerned his injury is what he suffered on back of his head after a fall but insofar as the co-accused is concerned he was injured due to infliction of a knife blow on his abdomen and hand by the victim. He would submit that when this happened co-accused Police Personnel who was carrying a licensed firearm in retaliation and his self defence fired at the victim leading to fatality.

2.2.

He would also inform the Court that brother of deceased victim filed a petition in this Court wherein he made certain allegations of extortion against Applicant and co-accused Police Personnel due to which in the present case Applicant is arrested and incarcerated behind the bars.

2.3.

He would persuade the Court to consider the overall circumstances and accordingly consider the present Application for bail.

2.4.

He would also submit that entire incident happened in a public place and prosecution has also recorded the witness statement of witnesses to the incident which would support the submissions made on behalf of Applicant.

3.

Learned APP appearing in the matter shall take appropriate instructions and also ascertain the veracity of the aforesaid submissions made by learned Advocate for Applicant from the record of the case and accordingly apprise the Court on the next adjourned date.

4.

Stand over to 30th April, 2025.

P.R. Rajput [ MILIND N. JADHAV, J. ]