Allowed

Haribhau P Chavan v. the State of Maharashtra

Bombay HC24 Feb 2014APPLN/836/2014

Case brief

AI extract

What is this about?

In a bail application regarding a murder case, the High Court held that keeping the applicant in custody was undesirable in light of the available material and granted bail subject to rigorous restrictions including a bond and non-entry into the victim's village.

What did the court decide?

Application allowed; applicant released on bail by furnishing PR and SB of Rs.25,000 with one solvent surety and complying with restrictions.

Haribhau P Chavan Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 836 OF 2014

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Haribhau Pandurang Chavan	...	Applicant
Versus
The State of Maharashtra	...	Respondent

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Mr. R. J. Nirmal for the applicant Mr. B. L. Dhus, APP for the respondent-State

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CORAM : T.V. NALAWADE, J. DATE : 24th February, 2014

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PER COURT :

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The application is filed for bail. Both the sides are heard. This Court has perused papers of investigation.

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The crime is registered on the basis of report given by father of the deceased. Deceased was aged about 19 years. One girl aged about 17 years is a daughter sister of the complainant. Another daughter of the complainant was given in marriage to Subhash, son of the said sister.

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The allegations are made that few days prior to the date of incident

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the deceased Vishu went to the house of the said sister of the complainant and he brought daughter of the said sister of the complainant to his house. The said sister of the complainant, her son Subhash and her son-in-law Vilas

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become angry due to this conduct of the Vishnu. Vishnu had virtually kidnapped the said girl and the said girl had started living in the house of the complainant. The allegations are made that on 25.10.2013, Vilas, one of the accused visited the house of the complainant and he requested the complainant to send Vishnu with him. The complainant had given word of caution to Visnhu as he had suspicion that Vishnu will be finished by his sister, Subhash and Vilas. Inspite of that caution, Vishnu went with the Vilas when the complainant was not at home. On the next morning, the complainant received phone call of Vishnu and Vishnu informed that he was being taken forcibly away by Subhash, Vilas and present applicant. The present applicant is brother in law of the said sister of the complainant. After that, nothing was heard about Vishnu. Dead body of Vishu was found on 28.12.2013. One letter written by the said daughter of the sister of the complainant was found with the deceased show that she had love affair with the deceased.

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Papers of investigation that Vishnu died due to head injury. Papers of investigation include statements of some witnesses showing that they had seen Vishnu, Subhash in the company of Vishnu at the relevant time. Statements of Vilas and Subhash are recorded under section 27 of the Evidence Act.

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From the record it can be said that there is allegation against the applicant that Vishnu had informed that he was being taken away forcibly by Subhash, Vilas and the present applicant in a Jeep. It appears that investigating agency has not collected the call details record in respect of mobile phone of Vishnu or mobile phone of the complainant.

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The applicant has been behind bars since 30.10.2013. In view of the nature of material available against the applicant, this Court holds that it is not desirable to keep the applicant behind bars till disposal of the case against him. In the result, the application is allowed.

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The applicant is to be released on bail on his furnishing PR and SB of Rs.25,000/- (Rupees twenty five thousand) with one solvent surety in the like amount. He is not to commit similar offence. He is not to tamper with

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the prosecution witnesses. He is not to enter the village of the complainant till disposal of the case.

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( T.V. NALAWADE, J. )

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JPC

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Haribhau P Chavan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Haribhau P Chavan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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