Sanjay Alias Sanju Ramu Pawar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3953 OF 2024 Sanjay Alias Sanju Ramu Pawar ...

Applicant V/s.

The State Of Maharashtra ...

Respondent ------------------- Mr.Niranjan Mundargi a/w Mr. Shubham Agrahari a/w Ms. Sonali Mukherjee with Ms. Keral Mehta I.by Anoma Law Group LLP, for the applicant.

Ms. Savita Yadav, APP, for the Respondent / State. Mr. S.N. Raskar, PSI, Goregaon Police Station, Raigad, present. ---------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.10.19 12:28:48 +0530 VARSHA DEEPAK GAIKWAD DATE :

18TH OCTOBER, 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.34 of 2024, registered with Goregaon Police Station, for the offences punishable under Sections 302 of the Indian Penal Code. 3.

Having gone through the charge-sheet and the material collected by the IO during the investigation, it is evident that the offence is not a premeditated offence. However, in an attempt to save his wife from the attack of the deceased who attacked her by a steel

rod, the applicant assaulted the deceased by a stick. The injuries found on the body of the deceased also corroborate the above referred facts as out of 15 injuries, 14 injuries are contusions and abrasions. The deceased died due to head injury.

4.

In the above referred backdrop, though the learned APP is strongly opposing the application, I am of the opinion that as the charge-sheet has been filed, further custody of the applicant is not necessary.

6.

Accordingly, 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.34 of 2024, registered with Goregaon Police Station, for the offences punishable under Sections 302 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the 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 commits similar offence;

vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

7.

The application is disposed of.

(ANIL S. KILOR, J)