The High Court granted bail to the applicant in a murder case. The court noted that while motive was established, no witness independently certified the applicant's presence or name, rendering the connecting material insufficient for continued custody.
Release on bail on furnishing PR bond of Rs. 30,000 with one or two sureties in the like amount.
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.
14-BA-1389-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1389 OF 2021
Sachin Bhagwan Bhilare .... Applicant Versus The State of Maharashtra .... Respondent
Mr. Kuldeep Patil a/w Saili N. Dhuru, for the applicant. Ms. Pallavi N. Dabholkar, APP for the State/Respondent.
CORAM :SARANG V. KOTWAL, J. DATE : 14th JUNE, 2021 ( Through Video Conferencing)
P.C. :
connection with C.R.No. 371 of 2020 registered at Rajgad Police Station, Pune under sections 143,147,148,149, 232,324,302, 307, 120-B of the Indian Penal Code and under Section 4 and 25 of the Indian Arms Act. The applicant was arrested on 04/09/2020 and since then he is in custody. The investigation is over and the charge-sheet is filed.
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applicant and Ms. Pallavi Dabholkar, learned APP for the State.
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applicant had sent him to commit assault on Pravin. After the assault, they went away from the spot in their car. The informant, his sons Sangram and Sangam, his wife Viday, mother Indubai went near Pravin. He was taken to the hospital. It is mentioned in the FIR that, on the way Pravin told the informant that this was all done by the applicant. Pravin was taken to Bharati Hospital, Pune but he was declared dead. On this basis, the FIR was lodged.
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none of them has stated that, while being taken to the hospital, the deceased had stated that the assailants were sent by the present applicant. The FIR itself mentions that Datta Lekavale was a close friend of Yuvraj Bhilare and therefore, he was holding grudge against the deceased Pravin because Pravin had committed murder of Yuvraj Bhilare.
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that the assailant had taken applicant’s name. Though it can be argued that these eye witnesses were at some distance from the place of the incident, however, fact remains that except the first informant nobody has stated that the main assailant Datta Lekavale, had named the present applicant as the main person behind that assault. The other assailants according to the prosecution case, were Pankaj Badade, Prashant Badade and one Chandrakant. Thus, even as per the prosecution case, the applicant was not present at the spot. The only allegation against the present applicant is regarding motive which is reflected in the statement of Prashant More who is brother of the deceased Pravin. He has stated that because of Yuvraj Bhilare’s murder, the applicant and Datta Lekavale were holding grudge against the present applicant.
is regarding motive to commit murder. Beyond that, there is no sufficient reliable material to connect the present applicant with the present crime. Learned APP accepted statement of learned
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Counsel for the applicant that there were no antecedents. In this view of the matter, the applicant deserves to be released on bail.
O R D E R
(i) In connection with C.R. No. 371 of 2020 registered with Rajgad Police Station, Pune, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/(Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) The application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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2 issues framed by the court
Whether the applicant deserves release on bail given the lack of reliable material connecting him to the crime beyond motive.
Whether the dying declaration by the deceased implicating the applicant is supported by other evidence.
2 provisions across 2 enactments
Sachin Bhagwan Bhilare
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
