Allowed

Sachin Balu Bhoir v. the State of Maharashtra

Bombay HC5 Mar 2021BA/691/2021

Case brief

AI extract

What is this about?

This order grants bail to the applicant accused of Section 307 and other offences under the IPC. The High Court directed his release on executing a police bond or enforcing provisional cash bail, with specific conditions on jurisdiction and trial attendance.

What did the court decide?

Application allowed; applicant released on police bond of Rs. 25,000 with sureties or provisional cash bail; stayed out of jurisdiction for six months.

Sachin Balu Bhoir Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 691 OF 2021

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Sachin Balu Bhoir

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… Applicant

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Versus

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The State of Maharashtra … Respondent

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Mr. R. D. Suryawanshi, Advocate for the Applicant.
Mr. S. S. Pednekar, APP for the Respondent – State.

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CORAM : PRAKASH D. NAIK, J.
DATE: 5th MARCH, 2021

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PER COURT:

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1.This is an application for bail in C.R. No. I-448 of 2019
registered with Kalyan Taluka Police Station, Dist. Thane, for
offences under Sections 307, 326, 324, 504 & 506 r/w Section 34 of
Indian Penal Code. The applicant was arrested on 17th September,
2019.

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Digitally signed by Manish Manish S. Thatte S. Thatte Date: 2021.03.0912:41:51 +0530

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2.The First Information Report (for short “FIR”) was
lodged on 17th September, 2019. According to complainant, on 16th
September, 2019 at about 8.40 p.m. the complainant was parking his
auto rickshaw. Sachin Bhoir and Sharad Raut were chitchatting. He
told them to move their auto-rickshaw. They shouted him. At about

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Sajakali Jamadar

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8.40 p.m. Sachin Balu Bhoir, Jagdish Balu Bhoir, Kapil Balu Bhoir
and Balu Barku Bhoir charged at the complainant. They were armed
with sword and bamboo sticks. Balu Bhoir assaulted complainant
with wooden stick on his back and neck. Cousins of complainant
Suraj Bangar, Hemant Dattatray Sawant and Bhavesh Babu Sawant
intervened. Sachin Bhoir had assaulted Suraj Bangar by sword on his
hand. Jagdish Bhoir and Kapil Bhoir assaulted by sword. Other
persons tried to intervene. Complainant was assaulted. FIR was
registered. Applicant was arrested. On completing investigation,
charge-sheet was filed.

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3.Learned advocate for the applicant submitted that the
role attributed to the applicant is that he has assaulted Suraj Bangar.
He pointed out injury certificate of Suraj Bangar which indicate that
he had sustained injury to his left palm and thumb as well as on arm
above elbow. The certificate mentions that no obvious fracture was
noted in clinical finding. He also pointed out the injury certificate of
Kundan Bangar. He had sustained injury on his neck and chest
contusion. The injuries were caused by hard and blunt object. It is
submitted that the entire family of the applicant was implicated in
this case. The brother of the applicant was subsequently murdered by
Suraj Bangar, who has been arrested and he is in custody.

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Sajakali Jamadar

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4.Learned App submitted that specific role has been
attributed to the applicant. He was armed with sword. All the
accused had participated in the assault.

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5.The role attributed to the applicant is that he had
assaulted Suraj Bangar. Brother of the applicant has been granted
bail by the learned Sessions Judge vide order dated 14th February,
2020. Learned APP pointed out that one more case is registered and
pending against the applicant for offence under Section 307 of IPC.

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6.Considering the factual aspects of the case and since
applicant is in custody from 19th September, 2019, bail can be
granted to the applicant on certain terms and conditions. Hence, I
pass the following order:

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ORDER

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(i) Criminal Bail Application No. 691 of 2021 is allowed;

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(ii) The applicant is directed to be released on bail in
connection with C.R. No. I-448 of 2019 registered with Kalyan
Taluka Police Station, Dist. Thane, on executing 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 stay out of jurisdiction of Kalyan
Taluka Police Station for a period of Six months.

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Sajakali Jamadar

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(iv)The applicant shall attend Trial Court regularly on the
date of hearing of the case unless exempted by the Court.

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(v) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety.

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(vi) Bail Application stands disposed of accordingly.

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(PRAKASH D. NAIK, J.)

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Sajakali Jamadar

Sachin Balu Bhoir v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sachin Balu Bhoir v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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