Allowed

Jitendrakumar Alias Jitu Shankarlal Yadav v. the State of Maharashtra

Bombay HC19 Apr 2021BA/724/2021

Case brief

AI extract

What is this about?

Criminal Bail Application where the applicant, arrested for culpable homicide (Section 307 IPC), was enlarged on bail with stringent conditions including personal appearance and financial bonds due to the difficulty in procuring his presence for the trial.

What did the court decide?

Application allowed; Applicant enlarged on bail by furnishing P.R. Bond and sureties; Applicant to appear before Dighi Police Station every Monday until framing of charge.

Jitendrakumar Alias Jitu Shankarlal Yadav Vs the… — Murder and Culpable Homicide | Bombay HC (2021)

¶1

7- ba-724.21.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.724 OF 2021

¶3

Jitendrakumar Alias Jitu Shankarlal Yadav…Applicant
V/s.

¶4

The State of Maharashtra

¶5

…Respondent

¶6

Mr. Aniket U. Nikam i/b. Mr. Vivek N. Arote, Advocate for the
Applicant.

¶7

Ms. P.P. Shinde, APP for the Respondent - State.

¶8

CORAM:SMT. SADHANA S. JADHAV, J.
DATED:19th APRIL 2021.

¶9

P.C. :Through Video Conferencing

¶10

1.Heard the learned counsel for the applicant and the

¶11

learned APP for the Respondent – State through video conferencing.

¶12

2.This is an application under section 439 of the Criminal
Procedure Code, 1973. The applicant herein has been arrested on 2nd
November 2020 in Crime No.387 of 2020 registered at Dighi Police
Station for the offences punishable under section 307 of the Indian

¶13

Penal Code.

¶14

1 of 3

¶15

pmw

¶16

7- ba-724.21.doc

¶17

3.The case of the prosecution is that on 2nd November 2020
Omkar Bavale lodged a report at the Police Station alleging therein
that on 1st November 2020 at about 8.45 pm his Manager who was
supervising the construction of his site Sai Angan called upon him and
informed him that there was some quarrel between the labours
engaged by him for the purpose of construction. He reached the spot
immediately and upon inquiry found that there was a trifling quarrel
between Ajay Sahani and Jitu Yadav (the present applicant). Ajay
Shahane has sustained a bleeding injury. He had therefore shifted Ajay
Shahane to D.Y. Patil Hospital where he was treated. Upon further
inquiry, the complainant had learnt that the injured Ajay and the
applicant Jitu had consumed alcohol. That injured Ajay had bitten the
applicant on his hand and therefore, in a fit of rage the applicant had
picked up a wooden log lying nearby and had assaulted Ajay. The
injured Ajay had sustained three contused lacerated wounds on the
occipital region which were grievous in nature.

¶18

4.The investigation is completed and charge sheet is filed on
28th December 2020. In view of this, further custody of the applicant is
unwarranted.

¶19

2 of 3

¶20

pmw

¶21

7- ba-724.21.doc

¶22

5.The learned APP submits that in the course of

¶23

investigation, it is transpired that the present applicant is the original
resident of Uttaragauri Tahsil, Lalganj, Uttar Pradesh. The learned APP
submits that it may be difficult to procure his presence at the time of
trial. In view of this, certain stringent conditions needs to be imposed
upon the applicant. Hence, the following order :

¶24

ORDER

¶25

(i) Application is allowed;

¶26

(ii)Applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.15,000/- and one or more solvent sureties in
the like amount;

¶27

(iii)Applicant shall mark his presence before Dighi Police

¶28

Station on every Monday till the framing of charge;

¶29

(iv)Application is allowed and disposed of on above terms.

¶30

(SMT. SADHANA S. JADHAV, J)

¶31

3 of 3

¶32

pmw

Jitendrakumar Alias Jitu Shankarlal Yadav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Jitendrakumar Alias Jitu Shankarlal Yadav 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

Similar cases

Milind Shankar Kiwale Vs the State of Maharashtra

Nilesh Hanumant Koli Vs the State of Maharashtra

Nitin Dattaram Bhor Vs the State of Maharashtra

Ajay Anand Kudake Vs the State of Maharashtra

Shivsiddha Vitthal Bulla Vs the State of Maharashtra

Amol Vishwanath Gaikwad Vs the State of Maharashtra