Allowed

Mangal Laxman Pawar v. the State of Maharashtra

Bombay HC6 Feb 2015BA/114/2015

Case brief

AI extract

What is this about?

High Court allowed bail to the applicant charged with offences under sections 302, 307, 326, 324, and 323 IPC read with section 34. The court imposed conditions restricting entry into the village, regular reporting, and non-interference with witnesses.

What did the court decide?

Released on bail upon furnishing P.R. Bond of Rs. 1,00,000/- with one or two sureties, subject to residential restriction and reporting conditions.

Mangal Laxman Pawar Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2015)

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23-ba-114-2015

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.114 OF 2015

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Mangal Laxman Pawar ...Applicant
vs.
State of Maharashtra ...Respondent

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Mr. Arvind Bhandare, learned Advocate for the
Applicant.

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Mrs. R.A. Ambekar, APP for the State.
Mr. V.S. Dhumal (PSI), Tokawade police
station, Thane Rural present.

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DATE : FEBRUARY 06, 2015

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P.C.

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. Heard.

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2.The learned counsel for the charge sheeted

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accused No.1 in charge sheet submitted by Tokawade

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police station, Murbad against the applicant and

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four other persons for the commission of the
offences punishable under Sections 302, 307, 326,

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324 and 323 read with 34 of Indian Penal Code has

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Vishal

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23-ba-114-2015

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pressed the prayer for bail mainly on the count of
the account of incident as revealed from the
F.I.R., the statement of injured eye witness Mahesh
Pawar and other witnesses reveals that it was not
pre planned incident and occurred at the spur of
moment due to the applicant and others being
enraged after the first informant had approached
them for questioning their act of teasing his
daughter.

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3.The learned APP has objected the prayer
for bail on the ground that the incident has
resulted in causing the death of one person and
serious injuries to three other persons. The
perusal of the charge sheet justifies the
submission canvassed by the learned counsel for the
applicant. Similarly, the perusal of the statement

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of injured eye witness Mahesh Pawar and so also the
matters from the F.I.R. reveals that the assault
was terminated after the rival party has sustained

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bleeding injuries. The said fact prima facie

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Vishal

23-ba-114-2015

militates the applicant intending to commit murder
of the deceased.

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4.Thus, considering all these circumstances,

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the discretion deserves to be exercised in favour
of grant of bail. It deserves to be exercised
accordingly having regard to the fact that the
investigation is complete and charge sheet is filed
and there are no antecedents of the applicant.
However, having regard to the apprehension
expressed by the learned APP that both parties are

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the resident of village Karchonde, Murbad it
appears proper to impose certain conditions to take
care that incident of similar nature does not

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reoccur in future.

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5.The application is allowed. The applicant

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is directed to be released on bail upon furnishing
P.R. Bond in sum of Rs. 1,00,000/- (One lac) with

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one or two sureties to make up like amount and

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Vishal

23-ba-114-2015

subject to the conditions that after release of the
applicant,

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(i) not entering the village Karchonde, Murbad
and informing his place of abode to the
investigating officer.

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(ii) attending the investigating officer every
alternate Monday in between 11 am to 1 pm.

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(iii) not indulging in any activity of
tampering the prosecution evidence and/or not
indulging in any activity of coercing,
threatening and pressuring the prosecution
witnesses.

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(iv) not misusing the protection granted by
this order for fleeing away or for any other
oblique purpose.

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Application stands disposed of.

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Vishal

Mangal Laxman Pawar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mangal Laxman Pawar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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