Allowed

Sachin Sukhdev Bhalerao v. State of Maharashtra

Bombay HC8 Jan 2024BA/1442/2023

Case brief

AI extract

What is this about?

High Court granted bail to an accused charged with murder and attempted murder following a dispute over land boundaries. The court imposed standard conditions including a surety bond, non-entry into the village police station area, and a prohibition on interfering with witnesses or evidence.

What did the court decide?

Released on bail in C.R. No. 750 of 2022 by furnishing a personal bond of Rs. 25,000 with two sureties, subject to specific conditions regarding residence, reporting, and non-interference.

Sachin Sukhdev Bhalerao Vs State of Maharashtra — Murder and Culpable Homicide | 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. 1442 OF 2023

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Sachin Sukhdev Bhalerao...Applicant

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 Versus

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The State of Maharashtra ...Respondent

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WITH
INTERIM APPLICATION NO.1794 OF 2023
IN

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CRIMINAL BAIL APPLICATION NO. 1442 OF 2023

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Sudhir Ashok Bhalerao...Applicant
 Versus
The State of Maharashtra ...Respondent

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Mr. Abhishek R. Avachat a/w. Mr. S. H. Deshpande, for the Applicant.

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Mr. Tushar Sonawane a/w. Ms. Pooja Satpute, for the Original
Complainant.

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

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CORAM : MADHAV J. JAMDAR, J.
 DATED : 8th JANUARY 2024

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P.C.:

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

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Applicant, Mr. Sonawane, learned Counsel appearing for the
Intervenor/Original Complainant and Mr. Gaikwad, learned APP
appearing for the Respondent/State.

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2. This is a regular Bail Application filed under Section 439 of the

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

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Accused.

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3. The relevant details are as follows:-

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`1`	`C.R. No.`	`750 of 2022`
`2`	`Date of Registration of F.I.R.`	`19/11/2022`
`3`	`Police Station`	`Pandharpur Taluka`
`4`	`Sections Applied`	`302, 307, 504, 506 of the` `IPC, 1860`
`5`	`Date of Incident`	`18/11/2022`
`6`	`Date of Arrest`	`20/11/2022`
`7`	`Date of filing of Chargesheet`	`16/02/23`

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4.The material on record shows that the weapon used is a
wooden log. The deceased died five days after the incident. There
was a dispute between the two brothers i.e. the Applicant and the
Informant over the boundary of the farms which are adjoining each
other. The villagers tried to intervene in the said dispute. At that time,
the Applicant was enraged due to the intervention by the villagers.

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5. The deceased is one of the villager and he had intervened in

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the dispute between the Applicant and the Informant. The quarrel
between the Applicant and the Informant occurred at 3.00 p.m. on

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18th November 2022. The incident in which the Applicant assaulted

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the deceased, occurred at 6.30 p.m. on the same day. It is the
prosecution case that the Applicant assaulted the deceased from the
rear with a wooden log. The deceased was being treated for the
resultant injuries in the hospital for five days and he eventually died.

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6.It is the contention of Mr. Gaikwad, learned APP and Mr.
Sonawane, learned Counsel appearing for the Intervenor/Original
Complainant that there are eye-witnesses. The quarrel between the
Applicant and the Informant occurred at 3.00 p.m. and the incident
in question occured at 6.30 p.m. on 18th November 2022. At 3.00
p.m., as the deceased intervened in the quarrel between the Applicant
and the Informant, the Applicant threatened the deceased. The
Applicant came with the preparation to kill the deceased. It is their
submission that there is motive as well as the incident has not
occurred during the quarrel but the same has occurred subsequently
and the same is pre-planned. It is submitted that the Applicant
assaulted the deceased with an intention to kill the deceased.

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7.However, the factual position on record shows that the
investigation is completed and Chargesheet has been filed. There are
a total of 26 witnesses as per the Chargesheet. The trial is unlikely to

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conclude any time soon and is likely to take a considerably long time.
The present Applicant does not have any criminal antecedents.

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8.The actual incident also shows that the Applicant has used a
wooden log. The deceased was in the hospital for about five days and
thereafter, he succumbed to the resultant injuries. The incident
occurred during the dispute between the two brothers when the
deceased tried to intervene in the same.

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9. The present Applicant does not have any criminal antecedents.

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10.The Applicant does not appear to be a flight risk.

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11.Mr. Avachat, learned Counsel appearing for the Applicant states
that as several witnesses are residing in the same locality as that of
the Applicant, therefore, the Applicant will reside outside the
jurisdiction of Taluka Pandharpur, District Solapur and the Applicant
will reside at C/o. Dadasaheb Pirgonda Patil, village Nandre, Taluka
Miraj, District Sangli.

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12.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-Sachin Sukhdev Bhalerao be released on bail in
connection with C.R. No.750 of 2022 registered with the Pandharpur

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Taluka Police Station, District Solapur on his furnishing Personal
(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 Taluka Pandharpur,
District Solapur 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
while residing outside Taluka Pandharpur, District Solapur and shall
keep the same updated, in case there is any change.

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(d)The Applicant shall report to the Sangli Gramin (Rural) Police
Station, District Sangli once every week, on every Sunday between
11.00 a.m. and 1.00 p.m. till the conclusion of trial. The Police
Inspector of Sangli Gramin (Rural) Police Station, District Sangli 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
Court or any Police Officer.

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(f) The Applicant shall not tamper with the evidence and shall not

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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

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shall co-operate with the trial Court and shall not seek unnecessary
adjournments.

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

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13. The Application is disposed of.

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14.In view of the disposal of the Bail Application, the Interim

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Application is also disposed of.

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Sachin Sukhdev Bhalerao v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sachin Sukhdev Bhalerao v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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