Allowed

Shubham Rajendra Taras v. the State of Maharashtra and Anr.

Bombay HC16 Dec 2019BA/848/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a murder and affray case. The court noted the co-accused had been granted bail, the applicant was not named in the complaint against unknown persons, no recovery was made from him, and no specific overt act was attributed to him.

What did the court decide?

The applicant directed to be released on bail on furnishing a Police Report bond of Rs. 25,000/- with one or more sureties and to report to the police station.

Shubham Rajendra Taras Vs the State of… — Murder and Culpable Homicide | Bombay HC (2019)

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Sajakali Jamadar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 848 OF 2019

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Shubham Rajendra Taras

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...Applicant

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Versus

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The State of Maharashtra

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...Respondent

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Mr. Hasnain Kazi a/w Shradha Vavhal a/w Suchitra T. Ovhal,
Advocate for the Applicant.
Mr. H. J. Dedhia, APP for the State-Respondent.

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CORAM :PRAKASH D. NAIK, J.
DATE : 16th December, 2019

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PC :

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1. This is an application for bail in connection with C.R. No. 444

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of 2017 registered with Dehu Road Police Station, Pune for offences
punishable under Sections 302, 143, 147, 148, 149, 324 of Indian
Penal Code. Applicant was arrested on 21/06/2018.

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2. It is the case of the prosecution that one Chetan @ Sonya Balu

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Pande has lodged complaint on 12th September, 2017 contending that
on 11th September, 2017 he had been to Marimata Mandir. At that
time Hasan Shaikh, Rahul Alkunde, Kalam Hiremathkar, Navnath
Dadane were introduced by his friend Subhan. After celebrating
birthday they started returning to Shitalanagar. At that time, they
saw Ankush Bidlan was observing them in angry mood. There was

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Sajakali Jamadar 2 of 3 18-BA-848-19.doc

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some quarrel between them. Thereafter, at about 9.30 p.m. 7 to 8
persons got down from Rikshaws. They were holding sticks.
Thereafter, Ankush got down from auto-rikshaw. One of the person
started beating Santosh Kamble by stick and he asked, who is
Subhan. Thereafter, that person assaulted Subhan by stick on his
head, therefore, Subhan fell down. Thereafter, Santosh Kamble ran
away from the spot. They assaulted Subhan by sticks and Ankush
Bidlan assaulted Subhan by big stone on his head. Thereafter, they
went away. Injured was admitted to hospital. He was declared died.
The complainant named Ankush Bidlan. Others were unknown. In
the supplementary statement Chetan has stated that they came to
know about names of the accused from police. Admittedly, the
complaint is filed against unknown persons.

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3.The co-accused Pradeep Gyanchand Bhiganiya was granted
bail by the Sessions Court vide order dated 24th April, 2018. It is not
disputed that the applicant is similarly placed with the said accused.
The name of the applicant is not mentioned in the complaint. No
specific overt act is attributed to applicant. Role of specific assault is
attributed to co-accused. Identification parade is not conducted.
Complainant has identified Ankush Bidlan. There is no recovery from
the applicant. His role is not explained by any witnesses. The
applicant is in custody since 21st June, 2018. In these circumstances,

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case for grant of bail is made out.

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4. Hence, I pass the following order.

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O R D E R

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i)Bail Application No.848 of 2019 is allowed;

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ii)The applicant is directed to be released on bail in
connection with C.R. No. 444 of 2017 registered
with Dehu Road Police Station, Pune 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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iii) The applicant shall report concerned police station on 1^st and 15^th date in a month between 10.00 am. to 12.00 pm. till the disposal of the case.

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iv) Bail Application stands disposed of accordingly.

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(PRAKASH D. NAIK, J.)

Shubham Rajendra Taras v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shubham Rajendra Taras v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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