Allowed

Harilal Triloki Rajbhar v. State of Maharashtra

Bombay HC25 Jan 2024BA/3887/2023

Case brief

AI extract

What is this about?

High Court of Bombay granted bail to Harilal Triloki Rajbhar under Section 439 Cr.P.C. in an attempt to murder case. Despite the serious offence, the court observed the investigation was complete, trial delayed due to an absconding co-accused, and approved bail with strict reporting and surety conditions.

What did the court decide?

Applicant released on bail with a P.R. Bond of Rs. 10,000/- and two sureties of like amount, subject to strict reporting conditions and prohibitions on tampering with evidence.

Harilal Triloki Rajbhar Vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2024)

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2024:BHC-AS:3929

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903-BA-3887-2023.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 3887 OF 2023

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Harilal Triloki Rajbhar...Applicant
Versus
The State of Maharashtra ...Respondent

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Mr. Ajit M. Savagave, Advocate for the Applicant.
Ms. S. S. Kaushik, APP for the Respondent-State.
Mr. D. H. Gaware, PSI, Vengurla Police Station present.

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CORAM : MADHAV J. JAMDAR, J. DATED : 25^th JANUARY 2024

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P. C.

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1. Heard Mr. Savagave, learned Counsel appearing for the

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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 of

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

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follows:-

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`1.C. R. No.`	`88 of 2022`
`2.Date of Registration of F.I.R.`	`12/09/2022`
`3.Name of Police Station`	`Vengurla Police Station,` `District-Sindhudurg`
`4.Section/s invoked`	`307, 326 r/w. 34 of I.P.C., 1860`

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`5.Date of Incident`	`12/09/2022`
`6.Date of Arrest`	`02/12/2022`
`7.Date of filing Charge-sheet`	`01/03/2023`

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3.As per the prosecution case, the Applicant and his brother
Madan i.e. the co-accused, prior to the incident used to work in Goa.
At that time, the Applicant and the co-Accused - Madan used to abuse
the injured - Ramatpesha Rajbhar. Thereafter, the injured started
working in the farm of Mr. Vinayak Atmaram Rane at Sonsure,
Aravali, Taluka-Vengurla. Although, there are disputes between the
Applicant, his brother and the injured, they are friends and the
Applicant and his brother used to visit the injured. In the night of 11th
September 2022, the Applicant, his brother and the injured
consumed liquor. The incident occurred in early morning of 12th
September 2022 in which the Applicant assaulted the injured with a
knife when the injured was sleeping.

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4.It is the submission of Mr. Savagave, learned Counsel
appearing for the Applicant that the investigation is completed and
Charge-sheet is filed but there is no progress in the trial. He
submitted that the Applicant before arrest was working in Goa as a

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construction labourer. He therefore submitted that by imposing
stringent conditions, the Applicant be released on bail.

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5.Ms. Kaushik, learned APP appearing for the Respondent-State
submitted that a major role is attributed to the present Applicant as
he has assaulted the injured with a knife. She further submitted that
the Applicant was apprehended from Uttar Pradesh. She submitted
that the offence in question is punishable under Section 307 of the
Indian penal Code, 1860 for a minimum of 10 years and the
Applicant has been incarcerated only for 13 months. She submitted
that the Applicant will not be available for the trial. She further
submitted that the Accused No.2 and the Applicant are siblings and
Accused No.2 is absconding therefore the trial could not be started.
She also submitted that the injuries are on the vital part of the body.

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6.However, it is to be noted that in the present case, the
Applicant has been arrested on 2nd December 2022 and the Charge-
sheet has been filed on 1st March 2023. As per the Charge-sheet,
there are 13 witnesses to be examined in this case. The Accused No.2
is absconding. There is no progress in the trial. It appears that no
attempt is made to separate the trial from the absconding Accused
No.2 and to continue the trial against the present Applicant.

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7.Before the incident, the Applicant was working as a
construction labourer at Goa. The Applicant is married and is having
a family. He is the sole earning member of his family. There are no
criminal antecedents against the present Applicant. Mr. Savagave,
learned Counsel appearing for the Applicant further states that the
Applicant will reside in Sindhudurg District and that the Applicant
shall attend the trial regularly on each and every date.

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8.It is an admitted position that the investigation has been
completed and that the Charge-sheet has been filed on 1st March
2023. There are 13 witnesses as per the Charge-sheet. The trial is
unlikely to conclude any time soon and is likely to take a
considerably long time. There are no criminal antecedents against the
present Applicant and it appears that the incident has occurred when
the Applicant was under the influence of alcohol.

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

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10.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-Harilal Triloki Rajbhar be released

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on bail in connection with C. R. No.88 of 2022 registered

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with the Vengurla Police Station, Taluka-Vengurla
District-Sindhudurg on his furnishing P. R. Bond of
Rs.10,000/- with two sureties in the like amount.

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(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.

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(c)The Applicant shall report to the Vengurla Police
Station, Taluka-Vengurla District-Sindhudurg on every
Sunday between 11.00 a.m. and 1.00 p.m. till the
conclusion of the trial. The Police Inspector of Vengurla
Police Station, Taluka-Vengurla, District-Sindhudurg to
communicate details thereof to the Investigating Officer.

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(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.

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(e)The Applicant shall not tamper with the evidence
and shall not contact or influence the Complainant or

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any witnesses in any manner.

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(f) The Applicant shall attend the trial regularly. The

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Applicant shall co-operate with the Trial Court and shall

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not seek unnecessary adjournments thereat.

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(g)The Applicant shall surrender his passport, if any,

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to the Investigating Officer.

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11. The Bail Application is disposed of accordingly.

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 [MADHAV J. JAMDAR, J.]

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Harilal Triloki Rajbhar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Harilal Triloki Rajbhar 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

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