Bail application allowed for applicant charged under IPC Sections 307, 452, etc. with stringent conditions including probation, reporting, residency restriction in Solapur District, and surrender of passport.
Release on bail with Rs.25,000/- bond, residence in Pune, weekly reporting, restriction on entering Solapur, and other conditions.
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.
2023:BHC-AS:30022
Diksha Rane 18. BA 394-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.394/2023
CHIDANAND RAJSHEKHAR BIRAJDAR ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT
Adv. P. G. Sarda for the applicant. Mr. P. H. Gaikwad, APP for the State.
CORAM : M. S. KARNIK, J. DATE : OCTOBER 10, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned APP for the State.
2. This is an application for bail in respect of the o,ence punishable under Sections 307, 452, 327, 324, 323, 143, 147, 148, 149, 109 of the Indian Penal Code (hereafter ‘IPC’ for short) read with Section 3, 35 of the Indian Arms Act registered on 15/9/2022 vide C.R. No.504/2022 with Akkalkot South Police Station.
3. The date of the incident is 15/9/2022. There are in all ten accused. The applicant is the accused no.5. The prosecution case is that the juvenile accused had an issue with the petrol pump attendants over a torn Rs.500/- note.
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Diksha Rane 18. BA 394-23.doc
When the petrol pump personnel refused to accept the Rs.500/- note, the juvenile accused assaulted the attendants. The juvenile accused then called up other accused. The present applicant took out a country-made pistol from his pocket and @red at three persons. He @red one bullet. No one was injured in the @ring. It is the prosecution case that the intention of the applicant was to murder the witnesses. There are eye witnesses to the incident. There are several criminal antecedents reported against the applicant where he has been enlarged on bail. The criminal antecedents are pertaining to the Solapur District. There is one C.R. registered at Zalki Karnataka.
4. Learned APP submitted that apart from the fact that the present o,ence is serious, the applicant has been convicted for an o,ence registered in the year 2013 and punished with imprisonment of one year. Learned APP submitted that there is every possibility of the applicant threatening the witnesses.
5. The applicant was arrested on 15/9/2022 and now is in custody for more than one year. It appears that the trial may take some time to conclude as even the charge is not
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Diksha Rane 18. BA 394-23.doc
framed. The investigation is complete. The charge-sheet has been @led. The applicant does not appear to be a Bight risk.
6. In the facts and circumstances of the present case, I am inclined to enlarged the applicant on bail however, looking at the number of criminal antecedents and the propensity of the applicant to commit o,ences in the area of Solapur District, it is necessary to impose stringent conditions. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Chidanand Rajshekhar Birajdar in connection with C.R. No.504/2022, Akkalkot South Police Station, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more local sureties in the like amount.
(c) Learned counsel for the applicant, on instructions, states that the applicant shall reside in the Pune District during pendency of the trial. Statement accepted.
(d) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating ODcer and shall keep him updated, in case there is any change.
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Diksha Rane 18. BA 394-23.doc
(e) The applicant shall attend the Investigating ODcer of Indapur police station once in a week on every Monday of the week between 11.00 a.m. and 1.00 p.m.
(f) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police ODcer. The applicant shall not tamper with evidence.
(g) Except for attending the trial in this case and the other cases and for the purpose of reporting to the Investigating ODcer, if ordered in other cases, the applicant shall not enter the Solapur District after being released on bail, till the trial concludes.
(h) The applicant shall attend the trial regularly. The applicant shall cooperate with the trial Court and shall not seek unnecessary adjournments.
(i) The applicant shall surrender his passport, if any, to the investigating oDcer.
(j) In the event there is breach of any condition, it is open for the prosecution to apply for cancellation of bail.
7. The application is disposed of.
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Chidanand Rajshekhar Birajdar
The State of Maharashtra
M. S. KARNIK
As recorded by the court registry
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