Allowed

Vikas Vinod Sharma v. the State of Maharashtra

Bombay HC17 Aug 2021BA/524/2021

Case brief

AI extract

What is this about?

The court allowed the bail application of the applicant facing charges for murder and related offences. It held that the case involved an act of passion without premeditation, released the applicant on bail with conditions including reporting and no contact with witnesses.

What did the court decide?

The applicant was directed to be released on bail on executing P.R. Bond of Rs.30,000/- with sureties and complying with reporting conditions.

Vikas Vinod Sharma Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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42.BA -524-2021 .doc

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Digitally signed by MOHAMMAD MOHAMMAD NAJEEB NAJEEB MOHAMMAD MOHAMMAD QAYYUM QAYYUM Date: 2021.08.18 10:48:47 +0530

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IN TH E H IG H C O U RT O F JU D IC A TU RE A T BO M BA Y C RIM IN A L A PPE LLA TE JU RIS D IC TIO N

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Bail A pplication N o. 524 / 2021

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V ikas V inod S harma.. A pplicant

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Versus.

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The S tate of Maharashtra.. Respondent

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Mr. S antosh Paw ar, Advocate for A pplicants.

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Mr. H .J. D edhia, A PP for S tate.

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Per Court : -

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H eard.

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1.A pplicant seeks his enlargement on bail in connection w ith
C rime N o. 542/2019 registered w ith Kalyan Police S tation for the
offences punishable under S ections 302, 323, 504, 506 of the Indian
Penal C ode, 1860.

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2. Prosecution case in brief is that, deceased under the influence

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of alcohol used to recurringly hurled abuses to the A pplicant. O n 24th
O ctober, 2019, w hen the deceased hurled abuses to the A pplicant

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42.BA -524-2021 .doc

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under influence of liquor, A pplicant slapped and kicked him in his
abdomen and chest. The quarrel w as pacified by the neighbours.
They are cited as prosecution w itnesses. I have perused the
statements of w itnesses and complaint. The investigation is over
and charge-sheet has been filed. The material on record suggests
that the alleged offence w as committed w ithout premeditation but in
a heat of passion.

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3.Facts of the case, suggest the case may fall w ithin, one of the
exceptions to S ection 300 of the IPC . A pplicant has no past criminal
record. H e w as arrested in O ctober, 2019. The trial may not
commence in the near future, how ever applicant’s presence for the
trial can be secured by imposing conditions. For the reasons stated
above, application is allow ed. Thus, the follow ing order.

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O R D E R

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(i) The applicant is directed to be released on bail on executing
P.R. Bond in the sum of Rs.30,000/-, w ith one or more sureties in
the like amount;

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(ii) The applicant shall furnish his residential address as w ell as perm anent address and contact details to the Investigating O fficer

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42.BA -524-2021 .doc

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w ithin seven days from his release from jail;

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(iii) The applicant shall report to the Investigating O fficer, tw ice a
month i.e. 1st and 4th Monday of each month betw een 11:00 am. to
01:00 pm., commencing from S eptember, 2021, till the charge is
framed;

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(iv) The applicant shall not tamper w ith the evidence or attempt
to influence or contact the complainant, w itnesses or any person
concerned w ith the case;

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4. A pplication is allow ed and disposed of.

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5. It is made clear that observations made hereinabove be
construed as expression of opinion only for the purpose of granting
bail and the same shall not in any w ay influence the trial in other
proceedings.

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(SANDEEP K. SHINDE, J.)

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Najeeb/..

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Vikas Vinod Sharma v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vikas Vinod Sharma v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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