Allowed

Vishal Laxman Shinde v. State of Maharashtra and Anr.

Bombay HC19 Apr 2024BA/1068/2024

Case brief

AI extract

What is this about?

The Bombay High Court allowed a bail application filed under Section 439 CrPC. The applicant, arrested for murder,酷暑 was not specifically named in witness statements regarding the assault. The bench relied on observations from a co-accused's bail order and granted bail subject to stringent conditions, including surrender of passport and monthly reporting.

What did the court decide?

Applicant released on bail on furnishing a bond of Rs. 25,000/ with sureties, subject to conditions including monthly police reporting and surrender of passport.

Vishal Laxman Shinde Vs State of Maharashtra and… — Murder and Culpable Homicide | Bombay HC (2024)

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508-BA-1068-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.1068 OF 2024

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Mr. Vishal Laxman Shinde ...Applicant Versus State of Maharashtra & Anr. ...Respondents

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Mr. Sanket Kadam a/w Mr. Sumit Chaudhary, Mr. Yuvraj Tajane & Akshay Deshmukh, for the Applicant.

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Mr. Shriram S. Chaudhari, APP, for the Respondent-State.

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Mr. Akshay R. Patil, P.S.I., Sinhagad Road Police Station, DistrictPune, present.

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CORAM : MADHAV J. JAMDAR, J. DATED : 19 APRIL 2024

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P.C.:

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Heard Mr. Kadam, learned Counsel for the Applicant and

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Mr. Chaudhari, learned APP for the Respondent-State.

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This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are

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as follows:-

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1	C.R. No.	419 of 2022
2	Date of registration of F.I.R.	26/09/2022
3	Name of Police Station	Sinhagad Road, District-Pune
4	Section/s invoked	302, 141, 143, 144, 147, 148 & 149 of the I.P.C., 1860; 4 & 25 of the Arms Act, 1959; 37(1) & 135 of the Bombay Police Act, 1951.
5	Date of incident	25/09/2022
6	Date of arrest	30/09/2022
7	Date of fling Charge-sheet	23/12/2022

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Arjun

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508-BA-1068-2024.doc

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As per the prosecution case, there are a total of 14 Accused. The incident took place in the night of 25th September 2022 to 26th September 2022. The Accused were having a party and at that time they noticed the deceased around the place where they were partying. One of the Accused asked the deceased as to what he was doing at that place. The Victim then fed the place. The Accused chased him and brought him back and the Accused assaulted the Victim. The Victim succumbed to the resultant injuries.

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It is the submission of Mr. Kadam, learned Counsel for the Applicant that the material on record shows that the Applicant is not the actual assailant. He submits that fve co-accused who have been granted bail are having the same role as that of the present Applicant. He further submits that there is a C.C.T.V. footage in which the Applicant is not seen.

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Mr. Kadam, learned Counsel for the Applicant states that there are fve co-Accused who have been enlarged on bail by this Court. He states that the frst two Bail Applications of two different co-accused were allowed by a learned Single Judge [M. S. Karnik, J.] by the Orders dated 11th September 2023 and 13th September 2023. He submitted that a learned Single Judge [N. R. Borkar, J.] by the Order dated 11th October 2023 has allowed a third Bail Application. He submitted that this Court has allowed

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Arjun

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508-BA-1068-2024.doc

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the Bail Application No. 695 of 2024 fled by co-Accused–Satish Chandrakant Kengal and Bail Application No.740 of 2024 fled by co-Accused–Deepak Rajendra Gorwale.

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On the other hand, Mr. Chaudhari, learned APP submitted that in the incident, an innocent person has been mercilessly assaulted by the Accused on the pretext that the deceased was a thief. He pointed out the statements of witnesses – Mr. Balasaheb Ramchandra Kudale, Mr. Digambar Sundar Kamble, Post-Mortem Examination Report and pointed out that there are about 18 injuries and some of them are on the vital part. He therefore submitted that there is material available against the present Applicant and therefore bail be not granted.

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A perusal of the record shows that the incident in question has taken place on 25th September 2022. The F.I.R. has been registered on 26th September 2022 and the Applicant has been arrested on 30th September 2022.

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A learned Single Judge [M. S. Karnik, J.] while granting bail to co-accused, Prakash Kisan Kank has observed in paragraph no.3 as follows:-

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“ 3. The applicant is the accused no.2. In all there are 14 accused. It is the case of the prosecution that all accused were having party. They noticed the deceased around the place where they were partying. One of the accused asked the deceased as to what he was doing at

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Arjun

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508-BA-1068-2024.doc

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that place. The victim ran away. The accused chased him and brought him back. It is alleged that the accused assaulted the victim. The victim succumbed to the injuries. So far as the present applicant is concerned, there is no allegation or material to indicate that the applicant had any role in the assault. There was no recovery from the applicant.”

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The said observations are squarely applicable to the case of the present Applicant.

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Although, it is the contention of Mr. Chaudhari, learned APP for the Respondent – State the Applicant’s role can be seen from the statements of witnesses, however, it is to be noted that some accused are specifcally mentioned by name and thereafter, it is mentioned that about 7-8 persons were present who have assaulted the deceased by kick and fst blows. The name of the present Applicant is not specifcally mentioned in the said statement. Although Charge-sheet is fled, admittedly, T. I. Parade is not conducted with respect to these unknown persons. Therefore, there is no material to connect the Applicant with the alleged offences.

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It is an admitted position that investigation has been completed and that Charge-sheet has been fled on 23rd December 2022. The trial is unlikely to conclude any time soon and is likely to take a considerably long time.

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Arjun

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508-BA-1068-2024.doc

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The Applicant does not have any criminal antecedents.

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The Applicant does not appear to be at risk of fight.

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Accordingly, the Applicant can be enlarged on bail by imposing conditions.

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In view thereof, the following order:-

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O R D E R

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(a) The Applicant-Vishal Laxman Shinde be released on bail in connection with C.R. No.419 of 2022 registered with the Sinhagad Road Police Station, District- Pune on his furnishing P.R. Bond of Rs.25000/- with one or two solvent sureties in the like amount.

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(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case of any change thereto.

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(c) The Applicant shall report to the Sinhagad Road Police Station, District-Pune on the frst Sunday of every month between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.

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(d) 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 such a person from disclosing the facts to the Court or to any Police personnel.

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