Sandeep Marotrao Shinde Vs the State of… — Murder and Culpable Homicide | Bombay HC (2024)

Sandeep Marotrao Shinde Vs the State of… — Murder and Culpable Homicide | Bombay HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest in connection with C.R. No. 61/2023 (Manatha Police Station, District Nanded), release of applicant Sandeep Marotrao Shinde on executing Personal Bond and Surety Bond of Rs. 15,000/- with one surety in the like amount; subject to conditions that (i) he shall not enter Manatha village until further orders, and (ii) he shall not in any manner contact or influence prosecution witnesses and shall not tamper with prosecution evidence.

Issue for consideration

Whether the applicant, who apprehends arrest in C.R. No. 61/2023 registered with Manatha Police Station, District Nanded, for offences punishable under sections 302, 120-B, 201, 324 of the Indian Penal Code, should be released on anticipatory bail. +1 more

Court's answer

Anticipatory bail application allowed: in the event of arrest of applicant Sandeep Marotrao Shinde in connection with C.R. No. 61/2023 (Manatha Police Station, District Nanded), he is to be released on executing a Personal Bond and Surety Bond of Rs. 15,000/- with one surety in the like amount.

Ratio / Principle

Other than the statement of Pradip Chabharkar that on 26.05.2023 he overheard a discussion between father, brother and the applicant, there does not appear any material on record to connect the applicant with the present crime.

Key takeaways

Nothing remains to be recovered from the applicant; hence his pre-trial custodial detention is not necessary.ratio¶25
As a condition of the bail, the applicant shall not enter Manatha village until further orders.ratio¶28
As a condition of the bail, the applicant shall not in any manner contact or influence prosecution witnesses and shall not tamper with prosecution evidence.ratio

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Judicature of Bombay, Aurangabad Bench (Nitin B. Suryawanshi, J.), 03.04.2024 (941-ABA-236-2024; 2024:BHC-AUG:7126). Applicant Sandeep Marotrao Shinde, a practising lawyer at Nanded, apprehended arrest in C.R. No. 61/2023 (Manatha Police Station, District Nanded) under sections 302, 120-B, 201 and 324 IPC for the alleged killing of Uttamrao, who was fatally dashed by a car on 02.06.2023 during a morning walk; the FIR by Vishal Shinde alleges an enmity-driven killing by the applicant and co-accused in criminal conspiracy. The main accused Amol (brother of the applicant) and co-accused Suhas were already arrested and in jail, and the car used in the crime was seized. Charge sheet was filed on 23.11.2023; the only material implicating the applicant was the statement of Pradip Chabharkar that on 26.05.2023 he overheard a discussion between father, brother and the applicant. Holding that no other material connected the applicant with the crime and that nothing remained to be recovered from him, the Court found pre-trial custodial detention unnecessary and allowed the application, directing release in the event of arrest on a Personal Bond and Surety Bond of Rs. 15,000/- with one surety in the like amount, conditioned on (i) the applicant not entering Manatha village until further orders and (ii) his refraining from contacting or influencing prosecution witnesses and from tampering with prosecution evidence.

2024:BHC-AUG:7126

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941-ABA-236-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 236 OF 2024

Sandeep Marotrao Shinde ….Applicant

VERSUS

The State Of Maharashtra And Another …..Respondents

Mr. S.S. Thombre, Advocate for applicant Mr. S.P. Sonpawale, APP for State Mr. Sachin Deshmukh, Advocate for informant

[CORAM : NITIN B. SURYAWANSHI, J.]

DATE : 03rd APRIL, 2024

ORDER :

Applicant apprehends arrest in C.R. No. 61/2023,

registered with Manatha Police Station, District- Nanded, for offences punishable under sections 302, 120-B, 201, 324 of the Indian Penal Code.

FIR is lodged by Vishal Shinde alleging that since last three years his parents have been regularly going for morning walk from his house to Manatha Phata about 3 km. On 02.06.2023, at about 5.00 am, as usual, his parents were on the way for morning walk and when they reached near Akhada of one Shankar Kishan Boinwad, at that time one white colour car

Bhagyawant Punde

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came from Manatha pati and saw parents of the informant. At that time, said car went ahead about 100 meters and turned back. Said car gave severe dash to his father Uttamrao with an intention to kill him. Due to dash his father Uttamrao fell down in ditch (nali) beside the road about 20 to 25 feet distance. Said car also gave dash to one retired ex-headmaster of Adarsh Vidyalay namely Damodar Ade, aged about 63 years, due to which he sustained injuries. Thereafter, said car fled away from the spot. This incident was noticed by mother of informant, Kondiba Sadve, his wife Sushilabai and some other persons. Those persons informed about the incident to the informant. Informant has suspicion that due to enmity, applicant and coaccused with criminal conspiracy killed Uttamrao on 02.06.2023 by giving severe dash by car.

Heard learned advocate for applicant and learned APP for State assisted by learned advocate for informant. Perused the charge sheet.

Investigation in the present crime is complete and charge sheet is filed on 23.11.2023. In support of charge of conspiracy prosecution has heavily relied on the statement of one Pradip Chabharkar, who has stated that on 26.05.2023 he

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overheard discussion between father, brother and applicant. Except this, there does not appear any material on record to connect applicant with the present crime.

Applicant is practicing lawyer at Nanded and incident has taken place at village Manatha, which is at a distance of 60 kilometers from Nanded. Main accused Amol, who is brother of applicant, who has allegedly killed deceased by giving dash with car is arrested and car used in the crime is seized. Co-accused Suhas is also arrested and Amol and Suhas both are in jail.

Considering the material on record, nothing is to be recovered from applicant. Hence, pre-trial custodial detention of applicant is not necessary.

In the result, application is allowed.

In the event of arrest of applicant- Sandeep Marotrao Shinde, in connection with C.R. No. 61/2023, registered with Manatha Police Station, District- Nanded, for offences punishable under sections 302, 120-B, 201, 324 of the Indian Penal Code, he be released on executing Personal Bond and Surety Bond of Rs. 15,000/- with one surety in the like amount.

Applicant shall not enter Manatha village, until

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941-ABA-236-2024

further orders.

Applicant shall not in any manner try to contact and/or influence prosecution witnesses and shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI, J.]

Bhagyawant Punde