Single judge allowed bail to the applicant in a case involving attempt to murder and arms offences where the applicant was injured during the alleged incident and no witnesses reported injury to police personnel.
Released on bail in the sum of Rs.25,000/- with one or two sureties in like amount on personal bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BA-1247-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1247 OF 2021
VIJAY @ KALBA RAMBHAU GAIKWAD
)...APPLICANT
V/s.
THE STATE OF MAHARASHTRA
)...RESPONDENT
Mr.Shekhar Ingawale, Advocate for the Applicant.
Smt.Anamika Malhotra, APP for the Respondent – State.
CORAM: V. G. BISHT, J.
RESERVED ON : 15th NOVEMBER 2021
PRONOUNCED ON : 22nd NOVEMBER 2021
P.C.:
1The present application has been moved by the
applicant under Section 439 of the Code of Criminal Procedure in
Crime No.760 of 2018 registered with Police Station Shahupuri,
Kolhapur, for offences punishable under Section 307, 353, 332,
333 of the Indian Penal Code (IPC) and under Section 3, 25(1),
7, 27 of the Arms Act.
AVK 1/5
Digitally signed byARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2021.11.22 14:53:01 +0530
BA-1247-2021.doc
2It is the case of the prosecution that on 6th December
2018 the informant came to know that applicant who is an
extortionist had come to his in-law’s house at Mahadik Vasahat
and therefore, he along with staff members went there to
apprehend him. It is alleged that, however, the applicant resisted
his arrest and further in order to avoid his arrest took out his
pistol and fired at police officials. The First Information Report
(FIR) came to be registered accordingly.
3Mr.Ingawale, learned counsel for the applicant,
submits that it is not the case of prosecution that in the alleged fire, any of the police personnel sustained injury. The learned counsel invited my attention to the extract of complaint of Dr.Girish Kamble of CPR Hospital, Kolhapur, wherein the details are given to the effect that when the Local Crime Branch Police had been to Mahadik Vasahat to apprehend the absconding accused, the patient i.e. the applicant namely Vijay @ Kalba Rambhau Gaikwad entered into a scuffle, fired from his pistol and got injured. Thus, it goes to show that it was the applicant AVK 2/5
BA-1247-2021.doc
who got injured and not the Police Officer. According to the
learned counsel, the applicant is behind bars since last 3 years
and there is less possibility of the trial completing in the near
future. In such circumstances, he deserves to be released on bail.
4Smt.Malhotra, learned APP, on the other hand,
opposed the submissions by contending that there are statement
of eye witnesses wherein it is clearly stated that the applicant, in
order to make his escape good, fired from his pistol at police
officials and thus attempted to kill them. There being no merit in
the application, the same is liable to be rejected.
5 Perused the FIR and investigation papers and as also statement of witnesses. Amongst the statements of police personnel there is statement of one Tanaji Krishna Avghade, who is a relative of applicant. His statement like others also shows that the applicant had fired from his pistol but it did not hit any of the police officials. Having regard to the material on record and the fact that the applicant himself was injured in the AVK 3/5
BA-1247-2021.doc
incident, coupled with the fact that there is no possibility in near
future of the completion of trial, it is desirable that the present
application be considered favourably.
6 In view of this, I pass the following order :ORDER
(i)Applicant – Vijay @ Kalba Rambhau Gaikwadshall be
released on bail in Crime No.760 of 2018 registered with
Police Station Shahupuri, Kolhapur, on his executing
P.R.Bond in the sum of Rs.25,000/- with one or two sureties
in like amount.
(ii)The applicant shall not tamper with prosecution evidence.(iii)The applicant shall attend the concerned police station as and when called by the Investigating Officer.(iv)Parties to act on copy of this order duly authenticated by the Sheristedar of this Court.AVK 4/5
BA-1247-2021.doc
(v)Bail before trial Court.(vi)The application is allowed in the aforesaid terms and stands disposed off accordingly. (V. G. BISHT, J.)
AVK 5/5
2 issues framed by the court
Whether the applicant deserves bail in an attempt to murder case where the applicant was injured during the incident and no police officer was injured.
Whether there is a possibility of completing the trial in the near future.
3 provisions across 3 enactments
Vijay @ Kalba Rambhau Gaikwad
The State of Maharashtra
V. G. Bisht
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court