Allowed

Rajaram @ Dada Baburao Shejal v. the State of Maharashtra

Bombay HC3 Sept 2024BA/2036/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC by an accused in a 302 IPC and Arms Act case based on circumstantial evidence. With the charge-sheet filed and the applicant in custody for about two years, the court found further detention unnecessary and granted bail with conditions.

What did the court decide?

Applicant to be released on bail on PR bond of Rs.25,000 with one solvent surety, subject to conditions including attendance at named police station on 1st and 16th of each month.

Rajaram @ Dada Baburao Shejal Vs the State of… — Murder and Culpable Homicide | Bombay HC (2024)

¶1

904-ba-2036-2024.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL BAIL APPLICATION NO.2036 OF 2024

¶5

Rajaram @ Dada Baburao Shejal ... Applicant V/s. The State of Maharashtra … Respondent

¶6

Dr. Uday Warunjikar a/w Ms. Sonali Chavan, for the applicant. Mr. Sameer Mangaonkar, APP, for the Respondent / State.

¶7

Digitally signed by VARSHA VARSHA DEEPAK DEEPAK GAIKWAD GAIKWAD Date: 2024.09.05 15:05:43 +0530

¶8

CORAM : ANIL S. KILOR, J. DATE : 3RD SEPTEMBER, 2024.

¶9

PC:

¶10

Heard.

¶11

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.807 of 2022, registered with Mangalwedha Police Station, Solapur Rural for the offences punishable under Sections 302 of the Indian Penal Code and Section 3 and 25 of the Indian Arms Act.

¶12

The whole case is based on circumstantial evidence, except the statement of the minor daughter of the applicant which was recorded on 27.10.2022 i.e. after 4 days of the incident, no direct evidence is available to prima facie show that the applicant is involved in the alleged offence.

1 of 3

varsha

904-ba-2036-2024.doc

In the above referred backdrop and considering the fact that the charge-sheet has been filed and further the applicant is in jail from last 2 years, I am of the opinion that the further custody of the applicant is not required.

¶17

In the circumstances, though the learned APP is strongly opposing the application, I pass the following order:

¶18

ORDER

¶19

(i) Criminal Bail Application is allowed and disposed of;

¶20

(ii) It is directed that the applicant shall be released on bail in Crime No.807 of 2022, registered with Mangalwedha Police Station, Solapur Rural for the offences punishable under Sections 302 of the Indian Penal Code and Section 3 and 25 of the Indian Arms Act, on furnishing P.R.Bond of Rupees Twenty-five Thousand with one solvent surety in the like amount;

¶21

iii) The applicant shall not enter into the territorial jurisdiction of the Mangalwedha Police Station, till the conclusion of the trial;

¶22

iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st and 16th day of every month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial;

2 of 3

varsha

904-ba-2036-2024.doc

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

¶27

vi) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;

¶28

vii) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.

¶29

(ANIL S. KILOR, J)

¶30

3 of 3

¶31

varsha

Rajaram @ Dada Baburao Shejal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rajaram @ Dada Baburao Shejal 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

Sachin Balbhim Karande Vs State of Maharashtra

Raju Avghadi Bandgar Vs State of Maharashtra and Anr.

Nikhil Chandrakant Mane and Anr. Vs the State of Maharashtra

Museb Abdul Hamid Sakharkar vs State of Maharashtra

Ganesh @ Ganya Hanamanta Asawale vs State of Maharashtra and Anr.

Surendra @ Kumar Sahadev Rajak vs the State of Maharashtra