High Court granted bail to applicant in a murder trial alleging injury with a sharp weapon, citing large pendency as the primary ground for release on ₹40,000 bond.
Relief of bail granted in the sum of Rs. 40,000/ with one or two solvent sureties in the like amount upon furnishing bail bonds.
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.
P.H. Jayani 07 BA2131.2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2131 OF 2021
Sharad Suresh Chopde … Applicant
v/s.
The State of Maharashtra …. Respondent
MR. Ashish B. Jagtap h/f. Mr. Bhanudas Jagtap for the Applicant.
Mr. S.H. Yadav, APP for the State.
Mr. Vilas L. Kalekar, PSI, Samta Nagar Police Station, Mumbai, present.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 28th JUNE, 2023.
P.C. :-
. This is an Application under section 439 of Cr.P.C. filed by theaforesaid Applicant who is facing trial in Sessions Case No.05/2021
pending on the file of Sessions Court, Dindoshi, Mumbai. The said
case arises from C.R.No.955/2020 registered with Samta Nagar Police
Station, Mumbai for offences punishable under sections 307 of the
Indian Penal Code and sections 37(1) and 135 of Maharashtra Police
Act.
2. Heard learned counsel for the Applicant and learned APP for the
State. I have perused the records and considered the submissions
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P.H. Jayani 07 BA2131.2021.odt
advanced by the learned counsel for the respective parties.
3.The aforesaid crime was registered pursuant to the FIR lodged by
Mr. Uttam Lahane. A perusal of the FIR prima facie reveals that on
08/08/2020 at about 23:00 hours, the Applicant herein inflicted an
injury on the neck of the first informant by means of sharp weapon.
The medical certificate prima facie reveals that the first informant had
suffered injury approximately 20cm x 5cm x 3cm on right lateral and
central part of the neck with sterno mastoid partial cut. The certificate
does not indicate whether the injury sustained by the first informant
was grievous in nature. Be that as it may, the Applicant is in custody
since 09/08/2020. It is stated that till date, charge is not framed.
Considering the large pendency, the trial is not likely to commence or
conclude in near future. In view of the above facts and circumstances,
the Applicant is entitled for bail. Hence, the Application is allowed on
the following terms and conditions :-
(i)The Applicant who is facing trial in Sessions Case
No.05/2021 pending on the file of Sessions Court, Dindoshi,
Mumbai arising out of C.R.No.955/2020 registered with
Samtanagar Police Station, Mumbai, is ordered to be
released on bail on furnishing bail bonds in the sum of
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P.H. Jayani 07 BA2131.2021.odt
Rs.40,000/- with one or two solvent sureties in the like
amount ;
(ii) The Applicant shall report to Samta Nagar Police Station, Mumbai on 1st Monday of every month between 11.00 a.m. to 02.00 p.m. until further orders ;(iii) The Applicant shall not interfere with the complainant and the other witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;(iv) The Applicant shall keep the Trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time.(v) The Applicant shall co-operate with the conduct of the trial and attend the trial Court on all dates, unless exempted.4. Bail Application stands disposed of in above terms.
(SMT. ANUJA PRABHUDESSAI, J.)
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2 issues framed by the court
Whether the applicant is entitled to bail on account of long pendency of the trial.
Whether bail can be granted in an offence under section 307 IPC.
1 provisions across 1 enactments
Sharad Suresh Chopde
The State of Maharashtra
Anuja Prabhudessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court