Allowed

Suresh Narayan Budhawale v. the State of Maharashtra

Bombay HC9 Dec 2019BA/1547/2019

Case brief

AI extract

What is this about?

A bail application in a case involving attempted murder and firearm use. The applicant, an LDA employee, sought release, citing lack of eye witnesses for the fatal attempt and medical needs of his wife. The court granted bail with conditions restricting movement from Mumbai.

What did the court decide?

Released on bail on furnishing P.R. bond of Rs. 25,000 with sureties, directed to stay in Mumbai.

Suresh Narayan Budhawale Vs the State of Maharashtra — Bail and Remand | Bombay HC (2019)

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Ethape 1/4 17.BA.1547.19.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION. NO 1547 OF 2019

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Suresh Narayan Budhawale .. Applicant

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Vs.

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The State Of Maharashtra .. Respondent

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Mr. Rahul K. Dhaygude, advocate for Applicant. Mr. H. J. Dedhia, A.P.P. for the State-Respondent.

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CORAM : PRAKASH D. NAIK, J. DATE : 09^th DECEMBER 2019

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PC.

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This is an application for bail in C.R. No. 183 of 2018 registered with Pusegaon Police Station for the ofence punishable under Section 307 of the Indian Penal Code (“IPC”, for short) and section 3 and 25 of Arms Act.

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The First Information Report was lodged by Sujit Sadashiv Budhawale on 18^th December 2018 alleging that on 22^nd January 2018 the applicant had abused him on phone and to question him about it, the complainant went to the house of the applicant on 17^th December 2018 at about 10:30 pm. After reaching the house of the accused, the complainant knocked the

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Corrected version of order dated 09/12/2019, pursuant to Speaking to Minutes order dated 13/12/2019.

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Ethape 2/4 17.BA.1547.19.docx

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door. However, door was not opened. He went to the rear side of the house. The accused came from rear side and fred at the injured by revolver on his abdomen. The FIR was registered. He was taken to hospital for treatment.

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The supplementary statement of the complainant was recorded on 06^th January 2019. In the said statement it is stated that, his mother and relatives Ganesh Masugade, Bhujaba Budhawale and Chhaya Jadhav came to place of incident. After the accused fred at him.

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Learned counsel for the applicant submits that, there is veriation in the statement of the complainant. The version of the applicant in the First Information Report and supplementary statement of fact that the other witnesses had reached this spot after the incident of fring, indicate that there were no eye witness to the incident. It is further submits that the applicants wife sufering from mental illness. His presence is required to treat her. He is in custody from 18^th December 2018. The trial has not commenced.

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Learned APP submits that, the ofence is of serious nature. The victim had sustained serious injury. Medical certifcate shows the injury sustained by the injured. There are

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Corrected version of order dated 09/12/2019, pursuant to Speaking to Minutes order dated 13/12/2019.

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Ethape 3/4 17.BA.1547.19.docx

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eye witnesses to the incident.

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The injured had visited the house of the applicant to question him about the incident of abuses which had occurred one year ago. It is stated that the supplementary statement, that other witnesses had arrived at the place of incident, after the incident of fring. The Medical certifcate indicates that the injured has sustained injury to his abdomen on account of fring by revolver. The applicant is in custody for a period of one year. There are no criminal antecedents against the applicant. Learned counsel for the applicant submits that, he is willing to stay out of the jurisdiction of Pusegaon Police Station. He would stay in Mumbai. He would attend trial Court on date of hearing of case. Except for attending the trial Court for trial he would not pass through or enter the jurisdiction of Pusegaon Police Station.

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ORDER

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(i) Bail Application No. 1547 of 2019 is allowed.

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(ii) The applicant is directed to be released on bail in connection with C.R. No. 183 of 2018 registered with Pusegaon Police Station, on furnishing P.R. bond in the sum of Rs. 25,000/with one or more sureties, in the like amount;

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Corrected version of order dated 09/12/2019, pursuant to Speaking to Minutes order dated 13/12/2019.

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Ethape 4/4 17.BA.1547.19.docx

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(iii) The applicant shall not enter jurisdiction of Pusegaon Police Station till conclusion of trial. He shall stay in Mumbai and shall report nearest police station of his residence;

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(iv) The applicant shall furnish details of the place of his residence to the investigating oficer;

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(v) Except for attending trial Court for hearing of the case applicant shall not pass through jurisdiction of Pusegaon Police Station.

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( PRAKASH D. NAIK, J.)

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Corrected version of order dated 09/12/2019, pursuant to Speaking to Minutes order dated 13/12/2019.

Suresh Narayan Budhawale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Suresh Narayan Budhawale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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