Allowed

Pradeep Hiralal Shinde v. State of Maharashtra

Bombay HC8 Feb 2024BA/372/2024

Case brief

AI extract

What is this about?

The Court granted bail to the applicant accused of murder and robbery after finding prima facie substance in his claim that the incident was a sudden fight involving a bamboo stick, imposing strict conditions regarding residence, reporting, and witness non-interference despite police opposition.

What did the court decide?

Bail granted with conditions: PR Bond Rs. 25,000 with sureties; no entry into Pune district; weekly reporting at Shrigonda Police Station; non-interference with witnesses.

Pradeep Hiralal Shinde Vs State of Maharashtra — Bail and Remand | Bombay HC (2024)

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935-BA-372-2024 (O).doc

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Arjun

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.372 OF 2024

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Pradeep Hiralal Shinde …Applicant

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Versus

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The State of Maharashtra …Respondent

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Mr. Tapan Thatte a/w Vivek Arote & Namrata Awari, for the Applicant.

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

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CORAM : MADHAV J. JAMDAR, J. DATED : FEBRUARY 08, 2024

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P.C.:

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1. Heard Mr. Thatte, learned Counsel appearing for the Applicant and Mr. Gaikwad, learned APP appearing for the Respondent-State.

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2. This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are

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as follows:-

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1	C. R. No.	145 of 2023
2	Date of registration of F.I.R.	28/02/2023
3	Name of Police Station	Bharti Vidhyapeeth Police Station, Pune

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935-BA-372-2024 (O).doc

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4	Section/s invoked	302, 394 r/w 34 of the I.P.C., 1860 and 37(1) & 37(3) of the Maharashtra Police Act, 1951
5	Date of incident	24/02/2023
6	Date of arrest	28/02/2023
7	Date of fling Charge-sheet	25/05/2023

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3. As per the prosecution case, the deceased was heavily inebriated before the alleged incident. The Applicant who is Accused No.1 and one Roshan, a child in confict with law was taking search of the persons sleeping to snatch the money or other valuables. The incident in question has taken place between 12.30 a.m. to 1.00 a.m. on 23rd February 2023 when the Applicant and child in confict with law were searching the pocket of the persons sleeping on the road. As the deceased was heavily inebriated and sleeping, they were searching his pocket and at that time some altercation took place between the deceased and the Applicant and the said child in confict with law. In that altercation, the deceased was assaulted by the Applicant and said child in confict with law with a bamboo stick.

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4. Mr. Thatte, learned Counsel appearing for the Applicant submitted that the offence has taken place in a spur of the moment and in a sudden fght. He submitted that the Chargesheet is already fled and the trial will take a considerable time.

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935-BA-372-2024 (O).doc

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5. On the other hand, Mr. Gaikwad, learned APP strongly opposed the Bail Application. He submitted that there are eyewitnesses. The CCTV footage is also available of the incident and therefore the Applicant be not granted bail. He further submitted that there are two antecedents and therefore also the Applicant be not granted bail.

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6. A perusal of the F.I.R. and the statements annexed to the Charge-sheet clearly show that the deceased was heavily inebriated before the alleged incident.

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7. Prima facie there is substance in the contention of Mr. Thatte, learned Counsel appearing for the Applicant that the incident has taken place suddenly and in a spur of the moment. The weapon used is a bamboo.

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8. As far as the antecedents of the Applicant are concerned, the details of the same are as follows:-

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Sr. No.	Cr. No.	Police Station	Sections invoked
1	249 of 2023	Bharti Vidhyapeeth, Pune	324, 337, 143, 147, 506(2) & 504 of the I.P.C., 1980
2	421 of 2023	Bharti Vidhyapeeth, Pune	324, 143, 144, 147, 148, 323 of the I.P.C., 1980

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9. It is an admitted position that investigation has been completed and that Charge-sheet has been fled on 25th May 2023. As per the Charge-sheet there are 24 witnesses proposed to

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935-BA-372-2024 (O).doc

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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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10. Mr. Thatte, learned Counsel appearing for the Applicant, on instructions, states that as several witnesses are from Pune district and also as the antecedents are also from Pune district, the Applicant will therefore not reside within District-Pune and that the Applicant will reside at Near Water Tank, Kashti, TalukaShrigonda, District-Ahmednagar.

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11. The Applicant does not appear to be at risk of fight.

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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-Pradeep Hiralal Shinde be released on bail in connection with C. R. No.145 of 2023 registered with the Bharti Vidhyapeeth Police Station, District-Pune on his furnishing P.R. Bond of Rs.25000/- with one or two sureties 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 Investigating Offcer, if called and for attending the trial in this case and other cases.

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(c) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case of any change thereto.

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(d) The Applicant shall report to the Shrigonda Police

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935-BA-372-2024 (O).doc

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Station, District-Ahmednagar once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Shrigonda Police Station, District-Ahmednagar to communicate details thereof to the Investigating Offcer.

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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 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 evidence and shall not contact or infuence 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 Offcer.

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13. The Bail Application is disposed of accordingly.

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14. It is clarifed that the observations made herein are prima

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facie and the trial Court shall decide the case on its merits and uninfuenced by the observations made in this Order.

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[MADHAV J. JAMDAR, J.]

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Pradeep Hiralal Shinde v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Pradeep Hiralal Shinde v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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