Allowed

Vishal Sunil Kokare v. the State of Maharashtra

Bombay HC19 Oct 2015BA/1114/2015

Case brief

AI extract

What is this about?

In a bail application regarding a murder charge under IPC Section 302, the High Court, noting the delayed FIR filing over a month and lack of prosecution evidence supporting the motive, enlarged the applicant on bail with strict conditions.

What did the court decide?

Application allowed; applicant enlarged on bail executing Rupee 15,000 bond with sureties, subject to reporting, non-interaction with witnesses, and non-entry of Madanwadi jurisdiction.

Vishal Sunil Kokare Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2015)

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BA 1114-15.doc

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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.1114 OF 2015

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Vishal Sunil Kokare.Applicant

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 v/s.

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The State of Maharashtra .Respondent

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Mr.Kuldeep S. Patil i/b. Mr.P.S.Hagare,
Advocate, for the Applicant

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Ms Veera Shinde, APP, for the Respondent – State

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CORAM:REVATI MOHITE DERE, J.

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DATE :19.10.2015

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P.C.

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.Heard learned counsel for the applicant

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and the learned APP for the respondent – State.

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2.By this application, the applicant

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seeks his enlargement on bail in connection with
C.R.No.52 of 2014 registered with the Bhigwan
Police Station, Pune(Rural), for the alleged
offence punishable under Section 302 of the
Indian Penal Code.

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BA 1114-15.doc

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3.According to the prosecution, the

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applicant allegedly went to the deceased's house
and assaulted him with a wooden log on his head
on 21.11.2014. The deceased died on 26.12.2014,
while he was undergoing treatment at Gawde
Hospital. Pursuant to the same, a complaint was
lodged by the brother-in-law of the deceased on
26.12.2014.

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4.Learned counsel for the applicant

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submits that the deceased – Sanjay Pandhare had
neither disclosed the alleged incident of
assault, to the persons who carried him to the
hospital nor to any other persons, including the
members of his family. He submitted that the
deceased was initially taken to the Sassoon
Hospital where he was admitted for eight days,
however, no case papers/documents of the Sassoon
Hospital are included in the charge-sheet. He
submits that a perusal of the medical case

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BA 1114-15.doc

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papers of Gawde Hospital, where the deceased as

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admitted on 28.11.2014 read thus,

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“H/o,

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Before 8 days back. Patient fall
down and had HI(head injury). In
Bhigwangaon, then they brought
patient to Dr. Thorat. They send
patient to Dr.Deshpande. They
shiftpatienttoSassoon
Hospital. Today relative brought
patient. Hence for further
treatment and management.”

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5.Learned counsel for the applicant
submits that no complaint was made, either by

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the deceased or any member of the family till
his demise on 26.12.2014. He submitted that for

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the first time, the minor son of the deceased,

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aged 7 years has disclosed in his statement
recorded on 26.12.2014, that his father
(deceased) was assaulted by a wooden log by one
Ishya i.e. the applicant. According to the
learned counsel for the applicant, except this
statement of the son which was recorded for the

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first time after more than a month, there is no

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BA 1114-15.doc

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material to show that the applicant had
assaulted the deceased.

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6.LearnedAPPopposesthebail

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application. She submits that the applicant had
assaulted the deceased with a wooden log on his
head, pursuant to which he succumbed to the said
injury on 26.12.2014.

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7.Perused the papers. There is no

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recovery of any weapon as against the applicant.
It appears that there is no motive alleged as
against the applicant. Be that as it may, the
FIR has been lodged after more than a month. It
appears from the medical case papers of Gawde
Hospital, that the deceased was conscious
although drowsy, however, no statement of the
deceased was recorded on 28.11.2014. There are
no case papers/documents of the Sassoon Hospital

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in the charge-sheet, to show what was the

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BA 1114-15.doc

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history given to the doctors, when he was
admitted to the Sassoon Hospital. Investigation
is complete and charge-sheet is filed.

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8.Considering the aforesaid facts, the

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applicant is enlarged on bail on the following
terms & conditions:

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ORDER

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(i) The applicant be enlarged on bail, on
executing PR Bond in the sum of Rs. 15,000/-
with one or two sureties in the like amount;

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(ii) The applicant shall attend the Bhigwan
Police Station, Pune on the first Saturday of
every month between 10:00 a.m. to 11.00 a.m.

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till the conclusion of the trial;

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(iii) The applicant shall not tamper or

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attempt to influence or contact the complainant,
witnesses or any person concerned with the case;

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(iv) The applicant shall inform his latest
place of residence and mobile contact number

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BA 1114-15.doc

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immediately after being released and/or

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change of residence or mobile details, if any,
from time to time to the Court seized of the
matter and to the Investigating Officer of the
concerned Police Station;

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(v) The applicant to cooperate with the

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conduct of the trial and will attend the Court
on the dates given by the trial Court;

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(vi)The applicant shall not enter the
jurisdiction of Madanwadi, Taluka - Indapur,
District - Pune during the pendency of this case
against him;

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(vii)Theapplicantshallfilehis

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undertaking with respect to Clause (ii) to (vi)
in the trial Court, within two weeks of his
release;

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(viii) If there is a breach of any of the

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aforesaid conditions, the prosecution shall be
at liberty to seek cancellation of the
applicant's bail.

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BA 1114-15.doc

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9.The Application is allowed in the

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aforesaid terms and is accordingly disposed of.

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10. It is made clear that the observations

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made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

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authenticated copy of this order.

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 (REVATI MOHITE DERE, J.)

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Vishal Sunil Kokare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vishal Sunil Kokare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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