Disposed

Yuvraj Jambu Kamble v. State of Maharashtra

Bombay HC7 Mar 2024BA/2368/2023

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC for an accused charged with murder following a fist-blow assault over a parking obstruction. All other eight accused were already on bail. The court noted no criminal antecedents, no flight risk, delayed trial with charge not framed, and granted bail on parity with conditions.

What did the court decide?

Applicant released on bail on P.R. bond of Rs.25,000/- with one or two sureties, with conditions including monthly reporting to police for one year, no tampering/influencing witnesses, and surrender o

Yuvraj Jambu Kamble Vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2024)

¶1

10-BA-2368-2023.DOC

¶2

2024:BHC-AS:11133

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CRIMINAL APPELLATE JURISDICTION

¶5

CRIMINAL BAIL APPLICATION NO.2368 OF 2023

¶6

Yuvraj Jambu Kamble…Applicant
Versus
The State of Maharashtra…Respondent

¶7

Mr. Aniket Vagal, Advocate, for the Applicant.
Ms. S. S. Kaushik, APP, for the Respondent-State.

¶8

CORAM: MADHAV J. JAMDAR, J. DATED : 7^th MARCH 2024

¶9

PC:-

¶10

1. Heard Mr. Vagal, learned Counsel for the Applicant and Ms.

¶11

Kaushik, learned APP for the Respondent-State.

¶12

2. This regular Bail Application is preferred under Section 439

¶13

of the Code of Criminal Procedure, 1973. The relevant details are
as follows:-

¶14

`1. C. R. No.`	`427 of 2022`
`2. Date of registration of F.I.R.`	`29/06/2022`
`3. Name of Police Station`	`Bharti Vidyapeeth Police` `Station, Pune`
`4. Section/s invoked`	`302, 201, 202, 404, 511,` `109, 114, 115, 506 r/w. 34` `of the I.P.C., 1860`

¶15

Page 1 of 7

¶16

Sonali

¶17

10-BA-2368-2023.DOC

¶18

`5. Date of incident`	`26/06/2022 to 27/06/2022`
`6. Date of arrest`	`04/07/2022`
`7. Date of filing of Charge-sheet`	`23/09/2022`

¶19

3.As per the prosecution case, the incident in question
occurred opposite ‘New Pyasa Bar and Restaurant’ at Survey
No.41, in front of ‘Shree Sai Motors’, Bhumkar Chowk, Ambegaon,
Pune on 26th June 2022 at about 5.39 p.m.. The deceased parked
his motorcycle outside said ‘New Pyasa Bar and Restaurant’, and
went inside the said bar. At about 7.30 p.m., he came out and went
towards his motorcycle. However, as other vehicles were parked
there obstructing removal of his motorcycle, it was not possible for
him to move his motorcycle. He requested persons who were
standing there, to help him in clearing the said obstruction and at
that time some altercation occurred and the Applicant along with
about 8 persons, assaulted the deceased with fist blows. There are
total 9 Accused, out of which 7 have been granted bail by the
learned Sessions Court and 1 Accused has been granted bail by a
learned Single Judge [N. R. Borkar, J.] by order dated 13th March
2023 passed in Bail Application No.50 of 2023.

¶20

Page 2 of 7

¶21

Sonali

¶22

10-BA-2368-2023.DOC

¶23

4.Mr. Vagal, learned Counsel for the Applicant submitted that
there are total 9 Accused. Except the Applicant, all other Accused
have been enlarged on bail. The Applicant is a young man aged 20
years. He submitted that the role attributed to the present
Applicant is that he gave multiple fist blows on the ribs and
abdomen of the deceased. He submitted that the incident in
question occurred on the spur of the moment and without any
premeditation. He submitted that the Applicant is entitled to be
released on bail on the ground of parity. All other Accused who
have been attributed a similar role as that of the Applicant, have
been enlarged on bail.

¶24

5.On the other hand, Mr. Malshe, learned APP for the
Respondent-State strongly opposed the Bail Application. He
submitted that the Applicant has been attributed the role of the
main assailant and therefore, the Bail Application be rejected.

¶25

6.Perusal of the record shows that in the present case, the
incident in question occurred on 26th June 2022, F.I.R. was lodged
on 29th June 2022, the Applicant was arrested on 4th July 2022
and, Charge-sheet was filed on 23rd September 2022. There is no

¶26

Page 3 of 7

¶27

Sonali

¶28

10-BA-2368-2023.DOC

¶29

progress in the trial and even the charge is also not framed yet. As
per the Charge-sheet, there are 83 witnesses proposed to be
examined by the prosecution. The trial is unlikely to conclude any
time soon and is likely to take a considerably long time.

¶30

7. By Order dated 13^th March 2023 passed in Bail Application

¶31

No.2368 of 2023, a learned Single Judge granted bail to the co-
Accused. Paragraph Nos.4 and 5 of the said Order read as under:-

¶32

“4. According to the prosecution, on the date of alleged incident which took place on 26 June 2022, the present applicant and other co-accused assaulted the deceased by fist and kick blows as dispute arose between them on account of parking of vehicles. According to the prosecution, due to said assault the deceased got injured and died due to shock and hemorrhage due to laceration of spleen associated with head injury.

¶33

5. I have perused the statements of eye-witnesses. Prima facie, the incident does not appear to be premeditated. There are no other criminal antecedents. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed…..”

¶34

Therefore, parity is applicable to the present Applicant.

¶35

Page 4 of 7

¶36

Sonali

¶37

10-BA-2368-2023.DOC

¶38

8. There are no criminal antecedents against the present Applicant.

¶39

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

¶40

10. Accordingly, the Applicant can be enlarged on bail by imposing conditions.

¶41

11. In view thereof, the following order:-

¶42

O R D E R

¶43

(a)The Applicant – Yuvraj Jambu Kamble be released on
bail in connection with C. R. No.427 of 2022
registered with the Bharti Vidyapeeth Police Station,
Pune on his furnishing P. R. Bond of Rs.25,000/- with
one or two sureties in the like amount.

¶44

(b) 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.

¶45

Page 5 of 7

¶46

Sonali

¶47

10-BA-2368-2023.DOC

¶48

(c) The Applicant shall report to the Bharti Vidyapeeth Police Station, Pune on the first Sunday of every month between 11.00 a.m. and 1.00 p.m. for one year.

¶49

(d) 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.

¶50

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

¶51

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

¶52

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

¶53

12. The Bail Application is disposed of accordingly.

¶54

Page 6 of 7

¶55

Sonali

¶56

10-BA-2368-2023.DOC

¶57

13.It is clarified that the observations made herein are prima

¶58

facie and the Trial Court shall decide the case on its merits, and

¶59

uninfluenced by the observations made in this order.

¶60

[MADHAV J. JAMDAR, J.]

¶61

Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 07/03/2024 15:13:21 Sonali

¶62

Page 7 of 7

Yuvraj Jambu Kamble v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Yuvraj Jambu Kamble 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

Similar cases

Basukinath Vidyachal Sharma Vs State of Maharashtra and Ors.

Poonam Arjun Bhalerao Vs State of Maharashtra

Kishor Dilip Salunkhe and Anr. Vs the State of Maharashtra

Alok Jagdish Yadav Vs the State of Maharashtra

Chandrakant Marotirao Suryavanshi Vs the State of Maharashtra and Anr.

Ramchandra @ Deepak Sanjay Halwai Vs State of Maharashtra