In a bail application under Sections 302, 307, and others of the IPC, the single-judge Bench allowed the applicant's bail, noting he was merely present and a co-accused had already been released on bail.
Bail granted; applicant to furnish P.R. Bond of Rs.50,000 with sureties in aggregate Rs.50,000 and report daily between 7:00 PM and 8:00 PM.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BA 497-2011
1
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.497 OF 2011
WITH
CRIMINAL APPLICATION NO.172 OF 2011
IN
BAIL APPLICATION NO.497 OF 2011
Shailesh Sharad Kulkarni..Applicant
V/s.
The State of Maharashtra..Respondent
Mr.Subhash Jha i/b. M/S.LAW GLOBAL, Advocate,
for the Applicant
Mr.Y.M.Nakhawa, APP, for the Respondent �
State
Mr.Ganesh Gole, Advocate, for the Intervenor
CORAM:R.C.CHAVAN, J.
DATE:27TH APRIL, 2011
P.C.
.Heard the learned Counsel for the
respective parties.
2.This is an application for bail by one
Shailesh, who has been arrested in connection
with C.R.No.I-149 of 2009 for the offence
punishable under Sections 302, 307, 427, 141
to 149, 120B, 323, 504 & 506 of the Indian
2 BA 497-2011
Penal Code and read with Sections 3, 25, 7 &
27 of the Arms Act, read with Section 37(1),
135 of the Bombay Police Act registered with
Shivajinagar Police Station, Ambernath,
District Thane on 6thDecember, 2009.
Investigation is complete and charge sheet has
been filed. The role attributed to the
applicant in the FIR is that he along with
Mahendra Bhoir, Jitu Bhoir & Madhu Bhoir had
asked the first informant to come to Rana
Roy's Petrol pump where Madhu Bhoir had called
the first informant at the instance of Rana &
Guddu. Thereafter, the applicant is alleged
to have been present when the assault took
place. The applicant was present along with
one Arun & Jitu Bhoir as well as Pradeep
Dubey. The application for bail filed by Arun
& Jitu Bhoir came before the Hon'ble Shri
Justice A.R.Joshi. He rejected the said
application. Since co-accused Pradeep Dubey,
who was also present at the time of assault
applied for bail, his bail application bearing
3 BA 497-2011
Cri.Appln.No.33 of 2011 came before the
Hon'ble Shri Justice J.H.Bhatia, who allowed
the said application on 3rd February, 2011.
The learned Counsel for the applicant submits
that apart from the fact that applicant was
merely present and he is not shown to have
participated in the assault, there is nothing
on record which dis-entitles the applicant to
bail, since co-accused Pradeep Dubey has
already been bailed out. The learned Counsel
for the first informant points out that there
is difference in the role of Pradeep and the
present applicant Shailesh in as much as
Pradeep had not gone to call the first
informant at the site whereas the present
applicant was also a part of the the three
persons, who were supposed to have called the
first informant and deceased to the site. The
prosecution has itself given up the story of
conspiracy. Therefore, the relevance or
importance of the applicant's presence in
calling the first informant and victim to the
4 BA 497-2011
site would be substantially reduced. In any
case, since the applicant was merely present
either at the time of calling victim and the
first informant or at the time of assault and
he is not attributed positive role in the
entire incident, there is no reason why the
applicant should continue to be in jail almost
four and half months after the incident, since
the trial is not expected to take off
immediately.
3.The learned APP as well as the learned
Counsel for the first informant have very
strong objection to the applicant's being
bailed out. However, since co-accused Pradeep
has already been bailed out by this Court,
Bail Application is allowed. Applicant be
released on bail on his furnishing P.R.Bond of
Rs.50,000/- with one or more solvent sureties
in the aggregate sum of Rs.50,000/- on the
condition that the applicant shall not tamper
with the prosecution evidence and shall report
5 BA 497-2011
at the Shivajinagar Police Station, Ambernath,
District Thane everyday between 7:00 p.m. to
8:00 p.m. till the trial is over.
4. Both the applications are disposed of.
(R.C.CHAVAN, J.)
1 issue framed by the court
Whether the applicant is entitled to bail given he was merely present and did not play a positive role in the alleged assault.
Shailesh Sharad Kulkarni
The State of Maharashtra
Mahendra Bhoir
Jitu Bhoir
Madhu Bhoir
Pradeep Dubey
R.C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court