Balasaheb Shankar Awate v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4785 OF 2024 Balasaheb Shankar Awate ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Ms. Saili Dhuru, for the applicant.
Ms. Geeta Mulekar, APP, for the Respondent / State. PSI, Mahesh Pawar, Ghodegaon Police Station, Present. --------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.12.13 18:08:03 +0530 VARSHA DEEPAK GAIKWAD DATE :
13TH DECEMBER, 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.210 of 2024, registered with Ghodegaon Police Station, Dist: Pune for the offences punishable under Sections 302, 307, 323 r/w 34 of the Indian Penal Code.
3.
Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the incident took place in a spur of moment and it was not premeditated. It is further evident that no weapon was used in the
alleged offence. It is further evident that after the incident the deceased was taken to the hospital and he was discharged immediately. However due to complications, which arose after the discharge, he was again taken to the hospital. It is to be noted that there were no visible injuries found on his body. Subsequently, as septicemia was developed, he died of the same. 4.
Thus, the incident was not premeditated and it took place in a fit of anger. Furthermore, considering the role attributed to the present applicant and the nature of incident, I am of the opinion that the applicant is entitled for grant of bail.
5.
The learned APP, however, strongly opposed the application on the ground that the offence is serious. She further points out that the applicant and the witnesses are residents of the same village and if the applicant is released on bail, he may pressurize the prosecution witnesses and in that case there would be no fair trial. 6.
Considering, the above referred-observations, made as regards the merit of the matter, I am inclined to grant bail. However, as far as apprehension expressed by the learned APP, the learned counsel for the applicant, on instructions, makes a statement that the applicant is ready to abide by any condition including not to enter into territorial jurisdiction of Tal-Ambegaon, District-Pune, till the conclusion of trial, except for attending the trial.
7.
Accordingly, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant be released on bail in connection with Crime No.210 of 2024, registered with Ghodegaon Police Station, Dist: Pune for the offences punishable under Sections 302, 307, 323 r/w 34 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 provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st and 16th 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 misuse of liberty;
vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
The application is disposed of.
(ANIL S. KILOR, J)