Bramhadeo Nivrutti Kamble v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3864 OF 2024 Bramhadeo Nivrutti Kamble ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Piyush Toshnival i/b Mr. Ashish Pawar, Advocate for the Applicant.
Mr. Vinod Chate, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
04th MARCH, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.239 of 2024 registered at Sinhagad Road Police Station, District : Pune, for the offences punishable under Sections 307, 324, 323, 504 and 506 read with Section 34 of the Indian Penal Code, Section 3 read with Sections 25 and 27 of the Arms Act and Sections 37(1) read with Section 135 of the Maharashtra Police Act.
3.
According to the prosecution, on the date of incident,
which took place on 18-04-2024, on some trivial issue dispute arose between the complainant on one side and the present applicant and co-accused on other side. It is alleged that on account of said dispute, the present applicant and other coaccused tried to kill the complainant and his friend by shooting them by pistol.
4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant submits that the applicant and the co-accused were not known to the complainant. It is submitted that there was no previous enmity. It is submitted that the applicant is in jail for 11 months and there are no other criminal antecedents against him.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is involved in serious crime of attempt to murder. It is submitted that the complainant and his friend luckily survived. It is submitted that one of two bullets fired by the applicant and co-accused hit the friend of the complainant. It is submitted that
considering the nature of offence, the applicant may not be released on bail.
7.
The applicant is in jail for 11 months. There are no other criminal antecedents against the present applicant. I am, therefore, inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No.239 of 2024 registered at Sinhagad Road Police Station, District : Pune, for the offences punishable under Sections 307, 324, 323, 504 and 506 read with Section 34 of the Indian Penal Code, Section 3 read with Sections 25 and 27 of the Arms Act and Sections 37(1) read with Section 135 of the Maharashtra Police Act on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The applicant shall not enter into the Corporation limits of Pune City till conclusion of Trial; (iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)