Allowed

Dipak Shivaji Hanwate v. the State of Maharashtra

Bombay HC8 Jan 2020BA/2513/2019

Case brief

AI extract

What is this about?

Criminal Bail Application allowed granting release to an accused charged with murder and conspiracy who was previously in police employment, noting insufficient evidence of direct conspiracy despite allegations of harbouring a co-accused.

What did the court decide?

Release on bail with fine of Rupees fifty thousand, accompanied by conditions against tampering with evidence, absconding, and entering the jurisdiction of the police station.

Dipak Shivaji Hanwate Vs the State of Maharashtra — Bail and Remand | Bombay HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.2513 OF 2019

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Dipak Shivaji Hanwate....Applicant
Vs.
The State of Maharashtra....Respondent
(At the instance of Samta Nagar
Police Station, Mumbai)

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Mr. Aabad H. Ponda i/by Mr. Ashish R. Raghuvanshi for Applicant.
Mr. Raja Thakare, Special P.P. alongwith Mr. R.M. Pethe, APP for State.

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Coram : Nitin W. Sambre, J.
Date : 8th January, 2020

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P.C.:

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1.The applicant came to be arrested on 14th January, 2018 in

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Crime No.20 of 2018 registered with Samata Nagar Police Station,
Mumbai under Sections 302, 120(B), 216, 201 read with Section 34 of
the Indian Penal Code and under Sections 37(1)(a), 135 of Mumbai
Police Act and Sections 4, 25 of the Arms Act.

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2.The prosecution case against the applicant is, on 7th
January, 2018, other co-accused assaulted Ashok Sawant, who was

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pillion rider with the complainant, Vinod Mahadev Sonawane. Vinod
Sonawane claims to be an eye witness to the offence in question.

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3.In the investigation, it is noticed that at the relevant time,
the present applicant was working with the Police department. The
main accused-Anil Waghmare, on 14th January, 2018 was harboured by
the present applicant. It is claimed that the offence in question took
place out of differences over the operation of cable connections in
Kandivali area. Deceased was socially and politically influential figure.

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4.The applicant-accused no.7 alleged to have harboured
accused no.3, Anil Waghmare and the statement of Ratan Dilip Korade
claimed to be recorded so as to substantiate the same. In the statement
of Ratan Dilip Korde, it is claimed that the present applicant was
standing at a particular point and the applicant uttered the word, that
has conspired said third person, namely Anil Waghmare murdered
Ashok Sawant, who belongs to their community.

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5.As such, the implication of the applicant is based on the

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statement of witness, Ratan Dilip Korade. The statement of Ratan

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Korade implicates the accused to the extent of conspiracy as was
planned between the accused persons and harbouring the accused Anil
Waghmare. As far as the angle of conspiracy is concerned, no specific
role in the matter of hatching conspiracy could be noticed. There is no
material available on record, so as to implicate the applicant in the
offence in question but for self incriminating statement made by the
applicant to witness Ratan.

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6.One of the co-accused Sohel Aziz Dodhiya, who has made

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available an auto rickshaw to the main accused is already granted bail
on 22nd March, 2019, by this Court.

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7.In the aforesaid background, the present application stands
allowed. Hence, the order :

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O R D E R

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i )The applicant be released on bail in Crime No. 20 of 2018
registered with Samata Nagar Police Station on furnishing P.R. bond in
the sum of Rs.50,000/- with one or more sureties in the like amount.

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ii)The applicant shall not enter into jurisdiction of Samata

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Nagar Police Station and shall not involve in similar type of offences.

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iii)The applicant shall not tamper with the evidence and/or
influence the prosecution witnesses.

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iv)Unless exempted, the applicant shall not remain absent

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before the trial Court and shall co-operate the trial Court in the decision
of the trial.

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v)Upon failure to attend any two consecutive dates before the
trial Court, the bail of the applicant shall automatically shall stands
cancelled.

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vi)The application is allowed in above terms.

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( Nitin W. Sambre, J.)

Dipak Shivaji Hanwate v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Dipak Shivaji Hanwate v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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