Allowed

Ramakant Chaya Mengal v. the State of Maharashtra

Bombay HC10 Jan 2024BA/1550/2023

Case brief

AI extract

What is this about?

The High Court allowed bail for an applicant accused of murder under Section 302 IPC, noting the charge-sheet was filed, the trial would be long, the applicant had no criminal antecedents, and was not a flight risk, imposing strict conditions.

What did the court decide?

Bail granted with conditions: personal bond Rs. 25,000, weekly reporting at Pen Police Station, non-interference with witnesses, and surrender of passport.

Ramakant Chaya Mengal Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2024)

¶1

909 BA 1550.23.doc
Dusane

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

CRIMINAL BAIL APPLICATION NO.1550 OF 2023

¶4

Ramakant Chaya Mengal...Applicant

¶5

Versus

¶6

The State of Maharashtra ...Respondent

¶7

Mr. Gaurav Parkar, Advocate for the Applicant
Mr. P. H. Gaikwad, APP for the Respondent-State

¶8

CORAM : MADHAV J. JAMDAR, J.
 DATED : 10th JANUARY 2024

¶9

P.C. :

¶10

1. Heard Mr. Parkar, learned Counsel appearing for the Applicant

¶11

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

¶12

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

¶13

Code of Criminal Procedure, 1973.

¶14

3. The relevant details are as follows:-

¶15

`1`	`C.R. No.`	`250 of 2022`
`2`	`Date of Registration of F.I.R.`	`15/11/2022`
`3`	`Police Station`	`Revdanda, District - Raigad`
`4`	`Sections Applied`	`302 of I.P.C., 1860`
`5`	`Date of Incident`	`15/11/2022`
`6`	`Date of Arrest`	`15/11/2022`

¶16

1/4

¶17

909 BA 1550.23.doc

¶18

Dusane

¶19

`7`	`Date of filing of Charge-sheet`	`Charge-sheet filed`
`8`	`Sections applied in Charge-sheet`	`302, 323 & 449 of I.P.C.,` `1860`

¶20

4. As per the prosecution case, the Applicant-Accused killed his wife with a knife. The allegation is that the Applicant is an alcoholic and that he, under the influence of alcohol, used to assault his wife.

¶21

5. It is the contention of the learned Counsel appearing for the Applicant that the injuries are not on the vital body parts of the deceased. The Applicant is under incarceration since 15^th November 2022. The Charge-sheet has already been filed.

¶22

6.Mr. Gaikwad, learned APP opposed the Bail Application. It is
the submission of learned APP that there are eye-witnesses to the
incident and the Applicant has purchased the said knife, which has
been used to commit the offence in question and that there is
recovery of weapon at the instance of the Applicant.

¶23

7. The position on record shows that the Charge-sheet is filed.

¶24

There are around 15 prosecution witnesses. The trial is unlikely to
conclude any time soon and is likely to take a considerably long time.

¶25

8. The Applicant does not have any criminal antecedents.

¶26

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

¶27

2/4

¶28

909 BA 1550.23.doc
Dusane

¶29

10.Mr. Parkar, learned Counsel appearing for the Applicant states
that though the Applicant is resident of Revdanda, as most of the
witnesses are from that place, the Applicant will reside out of Alibag
Taluka at Borwadi, Pen Taluka at his relatives's residence.

¶30

11.Accordingly, the Applicant can be enlarged on bail by imposing
conditions. Hence, the following order:-

¶31

O R D E R

¶32

(a)The Applicant-Ramakant Chaya Mengal be released
on bail in connection with C.R. No.250 of 2022 registered
with the Revdanda Police Station, District-Raigad on his
furnishing a Personal (P.R.) Bond of Rs.25,000/- with one
or two sureties in the like amount.

¶33

(b)The Applicant shall not enter the area under the
jurisdiction of the Revdanda Police Station, District-Raigad
after being released on bail except for reporting to the
Investigating Officer, if called.

¶34

(c)On being released on bail, the Applicant shall
furnish his cell phone number and residential address to
the Investigating Officer while residing outside the
jurisdiction of Revdanda Police Jurisdiction and shall keep

¶35

3/4

¶36

909 BA 1550.23.doc
Dusane

¶37

the same updated, in case there is any change.

¶38

(d)The Applicant shall report to the Pen Police Station,
District Raigad 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 Pen Police Station, to communicate
details thereof to the Investigating Officer.

¶39

(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
from disclosing the facts to Court or any Police Officer.

¶40

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

¶41

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

¶42

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

¶43

12.The Application is disposed of.

¶44

BHALCHANDRA GOPAL DUSANE

¶45

 (MADHAV J. JAMDAR, J.)

¶46

4/4

¶47

Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2024.01.10 19:42:35 +0530

Ramakant Chaya Mengal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ramakant Chaya Mengal v. the 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

Similar cases

Prem @ Sunny Bajirao Kadam Vs State of Maharashtra

Rachit Deviprasad Tiwari Vs the State of Maharashtra

Sai Development Corporation Vs Sujata Loku Pujari

Lalu @ Lalman Laxman Khade Vs State of Maharashtra

Kisan Rajaram Sonkar Vs State of Maharashtra

Shahid Sadik Mujawar Vs the State of Maharashtra