Allowed

Krushna Baburao Sawant v. the State of Maharashtra

Bombay HC1 Mar 2024BA/2397/2023

Case brief

AI extract

What is this about?

The High Court of Bombay granted bail to the applicant in a case involving attempted murder and hurt. The court considered the spontaneous nature of the incident, the lack of prior criminal record, and the absence of flight risk, imposing strict conditions including a ban on entering Pune and regular reporting.

What did the court decide?

The applicant is released on bail by furnishing a police bond of Rs. 10,000 with two sureties in the like amount, subject to various conditions of reporting and non-interference.

Krushna Baburao Sawant Vs the State of Maharashtra — Bail and Remand | Bombay HC (2024)

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912-BA-2397-2023.DOC

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2024:BHC-AS:9996

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.2397 OF 2023

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Krushna Baburao Sawant…Applicant
Versus
The State of Maharashtra…Respondent

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Ms. Gargi P. Joshi, Advocate for the Applicant.
Ms. S. S. Kaushik, APP for the Respondent-State.
Mr. Namdev Talwade, P.S.I., Chakan Police Station present.

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CORAM: MADHAV J. JAMDAR, J. DATED : 1^st MARCH 2024

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PC:-

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1.Heard Ms. Joshi, learned Counsel appearing for the
Applicant and Ms. Kaushik, learned APP appearing for the
Respondent-State.

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2. This regular Bail Application is preferred under Section 439

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

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`1. C. R. No.`	`1386/2022`
`2. Date of registration of F.I.R.`	`31/08/2022`
`3. Name of Police Station`	`Chakan Police` `Station, Pune`

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Page 1 of 6

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Sonali

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912-BA-2397-2023.DOC

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`4. Section/s invoked`	`307, 323, 504, 506 of` `the I.P.C., 1860`
`5. Date of incident`	`30/08/2022`
`6. Date of arrest`	`31/08/2022`
`7. Date of filing of Charge-sheet`	`10/11/2022`

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3.As per the prosecution case, the Informant along with the
injured had gone to the hair salon where the Applicant was
working. Some altercation occurred in the adjacent shop and
therefore, the Applicant went to see the same. At that time, the
Informant objected to the same as it was delaying the work and
therefore, some altercation occurred between the Applicant and
the Informant who is also injured and another injured. The
Applicant went to the adjacent shop and brought a knife and
assaulted the Informant and another injured.

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4.Ms. Gargi Joshi, learned Counsel appearing for the Applicant
submitted that the incident in question occurred on a spur of the
moment and there was no intention to commit the offence.

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5. On the other hand, Ms. Kaushik, learned APP appearing for

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the Respondent-State strongly opposed the Bail Application. She

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Page 2 of 6

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Sonali

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912-BA-2397-2023.DOC

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submitted that the Applicant had used a weapon i.e. a knife and
that he mercilessly assaulted the injured persons. Therefore bail be
not granted to the Applicant.

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6.The position on record shows that the incident in question
occurred on 30th August 2022, F.I.R. was lodged on 31st August
2022 and the Applicant was apprehended on 31st August 2022.
Investigation is complete and Charge-sheet has been filed on 10th
November 2022. As per the Charge-sheet there are 15 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.

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7. Prima facie, there is substance in the contention of Ms. Joshi, learned Counsel appearing for the Applicant that the incident in question occurred in a spur of the moment.

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8. The Applicant is young man aged 24 years.

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

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Page 3 of 6

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Sonali

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912-BA-2397-2023.DOC

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

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11.Ms. Joshi, learned Counsel appearing for the Applicant states
that as several witnesses are residing in the same locality as that of
the Applicant, the Applicant will therefore not reside within
District - Pune and that the Applicant will reside at Village
Wanjarkheda, Taluka - Shirur Anantpal, District-Latur.

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12.Accordingly, the Applicant can be enlarged on bail by
imposing conditions. In view thereof, the following order:-

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O R D E R

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(a)The Applicant - Krushna Baburao Sawant be released
on bail in connection with C. R. No.1386 of 2022
registered with the Chakan Police Station, District-
Pune on his furnishing P. R. Bond of Rs.10,000/- with
one or twosureties in the like amount.

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(b) The Applicant shall not enter the Pune district after being released on bail, except for reporting to the

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Page 4 of 6

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Sonali

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912-BA-2397-2023.DOC

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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 and shall keep the same updated, in case of any change thereto.

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(d)The Applicant shall report to the Nittur Police Station,
Taluka-Shirur Anantpal, District-Latur on every
Sunday between 11.00 a.m. and 1.00 p.m. for a
period of six months and thereafter once a month on
first Sunday between 11.00 a.m. and 1.00 p.m. till the
conclusion of the trial. The Police Inspector of Nittur
Police Station, Taluka-Shirur Anantpal, District-Latur
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

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Page 5 of 6

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Sonali

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912-BA-2397-2023.DOC

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such a person from disclosing the facts to the Court or
to any Police personnel.

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(f) The Applicant shall not tamper with the prosecution evidence and shall not 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 shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

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

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13. The Bail Application is disposed of accordingly.

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14.It is clarified that the observations made herein are prima
facie and the Trial Court shall decide the case on its merits and
uninfluenced by the observations made in this order.

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[MADHAV J. JAMDAR, J.]

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Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 01/03/2024 17:43:25 Sonali

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Krushna Baburao Sawant v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Krushna Baburao Sawant v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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