Disposed

Sohel Harun Tamboli v. State of Maharashtra

Bombay HC5 Jan 2024BA/1407/2023

Case brief

AI extract

What is this about?

Regular bail application by an accused in an assault case where four co-accused with similar roles were already released on bail, the chargesheet was filed, and the trial had not commenced. The court found no flight risk and granted bail subject to conditions including residence outside Tal. Karad, weekly reporting to Natepute Police Station, and surrender of passport.

What did the court decide?

Applicant released on bail in C.R. No.974 of 2022 on PR bond of Rs.25,000/- with one or two sureties in like amount, subject to conditions.

Sohel Harun Tamboli Vs State of Maharashtra — Bail and Remand | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1407 OF 2023

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Sohel Harun Tamboli ...Applicant
 Versus
The State of Maharashtra ...Respondent

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Mr. Kalpesh Patil i/b. Mr. Shrikant Ghodake, for the Applicant.

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Mr. P. H. Gaikwad, APP, for the Respondent-State.

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Mr. Shitole, IO-API, Karad City Police Station present.

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CORAM : MADHAV J. JAMDAR, J. DATED : 5^th JANUARY 2024

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P.C.:

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1. Heard Mr. Kalpesh Patil, 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 is regular Bail Application filed under Section 439 of the

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Code of Criminal Procedure, 1973 by the Applicant who is Accused

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No.3.

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3. The relevant details are as follows:-

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`1`	`C.R. No.`	`974 of 2022`
`2`	`Date of Registration of F.I.R.`	`26/10/2022`
`3`	`Police Station`	`Karad City, Dist. Satara`

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`4`	`Sections Applied`	`364, 143, 147, 148,` `149, 324, 326, 504` `and 506 of IPC, 1860`
`5`	`Date of Incident`	`25/10/2022`
`6`	`Date of Arrest`	`29/10/2022`
`7`	`Date of filing of Chargesheet`	`27/12/2022`
`8`	`Stage of Trial`	`Not commenced.`

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4. As per the prosecution case, accused assaulted injured Shivam Ravindra Kshirsagar. There are total six accused and out of them, four accused have been enlarged on bail. The Chargesheet has been filed on 27^th December 2022. There are total thirteen witnesses. The trial is yet to commence.

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5.Mr. Gaikwad, learned APP opposed the Application. He states
that there are two cases and three NCs registered against the present
Applicant. However, as far as one case is concerned, the same is of
the year 2018 and the Applicant has been released on bail. The
second case is under the Arms Act and in that case also, the Applicant
has been released on bail. As the trial will take time and as four
accused having same role as that of Applicant are already enlarged
on bail, therefore, the Applicant is entitled for bail.

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6. Mr. Kalpesh Patil, learned Counsel appearing for the Applicant

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states that as the witnesses are from Tal. Karad, Dist. Satara the
Applicant will reside outside the jurisdiction of Tal. Karad, Dist.
Satara and the Applicant will reside at C/o. Anil Uddhav Khande,
R/at. Village Gurasale, Tal. Malshiras, Dist. Solapur.

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7.The trial is unlikely to be concluded any time soon and will
likely to take a considerably long time. The Applicant does not appear
to be a flight risk. Accordingly, the Applicant can be enlarged on bail
by imposing conditions. Hence, the following order:-

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O R D E R

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(a)The Applicant-Sohel Harun Tamboli be released on bail in
connection with C.R. No.974 of 2022 registered with the Karad Police
Station, Dist. Satara on his furnishing P. R. Bond of Rs.25,000/- with
one or two sureties in the like amount.

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(b)The Applicant shall not enter the area of Tal. Karad, Dist.
Satara on being released on bail except for reporting to the
Investigating Officer, if called.

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(c)On being released on bail, the Applicant shall furnish his
contact number and residential address to the Investigating Officer
while residing outside Tal. Karad, Dist. Satara and shall keep the
same updated, in case there is any change.

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(d)The Applicant shall report to the Natepute Police Station, Dist.
Solapur once every week, on every Sunday between 11.00 a.m. and
1.00 p.m. till the trial concludes. The Police Inspector of Natepute
Police Station, Dist. Solapur 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 him/her from disclosing the facts to

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Court or any Police Officer. The Applicant shall not tamper with
evidence.

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

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(g)The Applicant shall surrender his passport, if any, to the
Investigating Officer.

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(h)The Application is disposed of.

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Sohel Harun Tamboli v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sohel Harun Tamboli v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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