Allowed

Baban Devram Dhongade v. the State of Maharashtra

Bombay HC3 Apr 2013BA/43/2013

Case brief

AI extract

What is this about?

The High Court enlarged the appellant on bail in a case where he was alleged to have instigated an assault. The court imposed strict conditions barring entry into a specific police station except for reporting, requiring passport deposit, and prohibiting tampering with evidence.

What did the court decide?

Applicant enlarged on bail in Rs. 25,000 with conditions including restricted police station entry and no inducement of witnesses.

Baban Devram Dhongade Vs the State of Maharashtra — Bail and Remand | Bombay HC (2013)

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Anand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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 BAIL APPLICATION NO.43 OF 2013

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Baban Devram Ghongade.Applicant

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 V/s.

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The State of Maharashtra.Respondent

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Mr.M.J.Bhatt, Advocate, for the Applicant
Mrs.G.P.Mulyekar, APP, for the Respondent -
State

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CORAM:S.C.DHARMADHIKARI, J.

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DATE:3RD APRIL, 2013

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P.C.

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.Heard the learned counsel for the
respective parties.As far as this Bail

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Application is concerned, it is alleged that the
Applicant was not involved in either giving fist
and kick blows or assaulted the deceased with

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any weapon. His presence at the site may be

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admitted and at best, he is stated to have
instigated the said Kiran and that is how the
deceased came to be assaulted by Kiran by fist

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and kick blows. In such circumstances, by

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imposing appropriate conditions, even he can be
enlarged on bail. Hence, the following order.

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(i) The applicant in C.R.No.88 of 2012 registered with Navghar Police Station, Mulund(E), Mumbai is enlarged on bail in the sum of Rs.25,000/- with one or two local sureties in the like amount.

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(ii) The Applicant shall not enter the limits of Navghar Police Station till the trial is concluded.

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(iii) The Applicant shall deposit his Passport, if any, with the Trial Court.

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(iv) The Applicant shall report to the Navghar Police Station once in fifteen days and only for that purpose he will enter the limits of the Navghar Police Station. Save and except attendance at the Police Station, he will abide by the condition of not entering the limits of Navghar Police Station, as directed above.

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(v) However, the Applicant will not be given benefit of this order, nor can he avail of bail unless he notifies the Investigating Officer the residential address at which he is going to reside in Mumbai and he will not leave that residential address or change it without prior intimation to the Investigating Officer and until the trial is concluded.

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(vi) The Applicant shall not directly or indirectly make any inducement and/or influence and/or pressurize or cause any threat or give any promise to anybody acquainted with the facts of accusations made against the Applicants so as to dissuade such person from disclosing such facts either to the Court or to the Investigating Agency or to any Police Officer.

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(vii) The Applicant shall not tamper, in any manner whatsoever, with the prosecution evidence whatever.

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(viii) He shall not commit similar or any other offence while on bail.

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(ix) The Applicant shall co-operate with the learned Trial Judge in expeditious disposal of the case.

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(x) Any observations made in this order shall not be construed as any finding of any expression of opinion on the merits of the case at the time of trial.

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(xi) It is made clear that any violation or breach of the conditions, which are imposed, shall entail in cancellation of bail.

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2. The Criminal Bail Application is disposed of in the above terms.

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(S.C.DHARMADHIKARI, J.)

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Baban Devram Dhongade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Baban Devram Dhongade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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