Sham Bapu Hattikar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4706 OF 2024 Sham Bapu Hattikar ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Satyavrat Joshi a/w Mr. Samay Pawar, Ms. Reena Prajapati and Mr. Ishan Paradkar i/b Ms. Shivani Kondekar, Mr. Ashish Kachole and Mr. Yash Fadtare, Advocate for the Applicant. Ms. P. S. Rane, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

29thJANUARY, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 248 of 2017 registered at Vishrambaug Police Station, District: Sangli for offences punishable under Sections 302, 143, 147, 149, 323, 324, 341, 427, 504, 506 and 120(B) of the Indian Penal Code and Section 4 read with 25 of the Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act. 3.

I have heard the learned counsel for the applicant

and the learned A.P.P. for the Respondent-State and perused the charge-sheet.

4.

According to the prosecution, on the date of incident, which took place on 22nd September 2017, the present applicant and other co-accused assaulted the deceased by sharp weapons, iron rod and sticks and committed his murder as they were annoyed with the deceased on account of joining the rival gang of the complainant.

5.

The applicant is in jail for seven years and four months. All the other co-accused are released on bail. 6.

Considering the overall fact and circumstances, I am inclined to release the applicant on bail subject to certain conditions :

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No. 248 of 2017 registered at Vishrambaug Police Station, District: Sangli for offences punishable under Sections 302, 143, 147, 149, 323, 324, 341, 427, 504, 506 and 120(B) of the Indian Penal Code, Section 4 read with 25 of the Arms Act and Section

37(1)(3) read with 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 limits of Sangli District except to attend the dates before the Trial Court till the conclusion of trial;

(iv) The applicant shall attend the concerned Police Station within whose jurisdiction he is going to reside after his release, once in a month i.e., on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (v) Application stands disposed of accordingly.

(N. R. BORKAR, J.)