Allowed

Swapnil Bhima Bhande v. the State of Maharashtra

Bombay HC22 Jan 2024BA/1355/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed a bail application under Section 439 CrPC in a Section 306 IPC case. The court held that since investigation was complete, the applicant could be released on bail subject to conditions restricting movement, reporting, and witness tampering.

What did the court decide?

Applicant released on bail by furnishing PR Bond of Rs. 25,000 with sureties subject to conditions of restricting movement to Riyadh district, weekly reporting, and prohibition of contacting witnesses

Swapnil Bhima Bhande Vs the State of Maharashtra — Bail and Remand | Bombay HC (2024)

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10 BA 1355.23.doc
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BHALCHANDRA GOPAL DUSANE

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Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2024.01.22 17:50:32 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 1355 OF 2023

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Swapnil Bhima Bhande...Applicant
Versus
The State of Maharashtra ...Respondent

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Mr. Ritesh M. Thobde a/w Mr. Sagar Tambe, Mr. Changdev Shingade,
Ms. Ankita Rai, Advocates for the Applicant.
Mr. P. H. Gaikwad, APP for the Respondent-State.

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CORAM : MADHAV J. JAMDAR, J.

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 DATED : 22nd JANUARY 2024

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P. C.

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1. Heard Mr. Thobde, learned Counsel appearing for the

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Applicant and Mr. Gaikwad, learned APP appearing for the
Respondent-State.

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2.This regular Bail Application is preferred under Section 439

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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.`	`877 of 2022`
`2.Date of Registration of F.I.R.`	`30`^th`November 2022`
`3.Name of Police Station`	`Sadar Bazar Police Station, Solapur`
`4.Section/s invoked`	`306 of I.P.C., 1860`
`5.Date of Incident`	`28`^th`October 2022`
`6.Date of Arrest`	`13`^th`January 2023`
`7.Date of filing Charge-sheet`	`11`^th`February 2023`

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3.As per the prosecution case, the deceased was in a
relationship with the Applicant and the deceased was pregnant,
however the Applicant refused to marry the deceased and
therefore she died by suicide.

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4.It is the contention of Mr. Thobde, learned Counsel
appearing for the Applicant that there is a delay in lodging of F.I.R.
and that the allegations are concocted as an after-thought. Mr.
Thobde submitted that a perusal of the F.I.R. shows that the
deceased had sent some messages to the family members on the
day when she went out of the house and these messages do not
incriminate or implicate the Applicant in any manner.

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5.Mr. Gaikwad, learned APP strongly opposes the bail
Application. He submits that apart from the messages which the
deceased had sent, there are witnesses whose statements show
that the deceased took drastic action and had died by suicide due
to actions of the Applicant and Applicant is solely responsible for
the same.

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6.The incident in question had occurred on 28th October 2022
and the F.I.R. was lodged on 30th November 2022 for the offence
punishable under Section 306 of the Indian Penal Code, 1860. The
Applicant was arrested on 13th January 2023. The Charge-sheet
has been filed on 11th February 2023.

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7.It is an admitted position that the investigation has been
completed and that the Charge-sheet has been filed. As per the
Charge-sheet, there are 15 witnesses to be examined at the trial.
There is no progress in the trial and even the Charge is not
framed. The trial is likely to take a considerably long time. As the
investigation is completed, the Applicant can be released on bail
by imposing certain conditions.

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8.Mr. Thobde, learned Counsel appearing for the Applicant
states that as several witnesses are residing in Solapur, the
Applicant will therefore not reside within District-Solapur and that
the Applicant will reside at Kadali Village, Taluka- Akole, District-
Ahmednagar.

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9. The Applicant does not appear to be at risk of flight.

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10.Accordingly, the Applicant can be enlarged on bail by
imposing conditions. In view thereof, the following order:-

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O R D E R

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(a)The Applicant-Swapnil Bhima Bhande be
released on bail in connection with C.R.No.877 of
2022 registered with the Sadar Bazar Police Station,
District- Solapur on his furnishing P. R. Bond of Rs.
25,000/- with one or two solventsureties in the like
amount.

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10 BA 1355.23.doc
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(b)The Applicant shall not enter the Solapur
District after being released on bail, except for
reporting to the Investigating Officer, if called and for
attending the trial.

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

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(d)The Applicant shall report to the Rajur
(Rural),Police Station, Taluka Rajur, District
Ahmednagar once every week, on every Sunday
between 11.00 a.m. and 1.00 p.m. till the conclusion
of the trial. The Police Inspector of Rajur (Rural)
Police Station, Taluka Rajur, District- Ahmednagar to
communicate details thereof to the Investigating
Officer.

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(e)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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10 BA 1355.23.doc
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(f)The Applicant shall not tamper with the
evidence and shall not contact or influence the
Complainant or any witnesses in any manner.

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(g)The Applicant shall attend the trial regularly.
The Applicant shall co-operate with the Trial Court
and shall not seek unnecessary adjournments thereat.

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(h)The Applicant shall surrender his passport, if

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any, to the Investigating Officer.

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11. The Bail Application is disposed of accordingly.

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Swapnil Bhima Bhande v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Swapnil Bhima Bhande v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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