Allowed

Sebastian Walathuparambil and Anr. v. the State of Maharashtra

Bombay HC17 Jan 2024BA/3925/2023

Case brief

AI extract

What is this about?

The High Court of Bombay granted bail to Applicants charged with the murder of a truck driver following a road accident. The court found the case involved sudden provocation and release was ordered with standard conditions including passport surrender and periodic reporting.

What did the court decide?

Applicants released on bail upon furnishing P.R. Bond of Rs. 25,000 each with two solvent sureties in the like amount.

Sebastian Walathuparambil and Anr. Vs the State of Maharashtra — Bail and Remand | Bombay HC (2024)

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961-BA-3925-2023.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.3925 OF 2023

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Mr. Sebastian Walathuparambil …Applicants

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Mr. Vicky Barot

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Versus

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The State of Maharashtra

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…Respondent

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Mr. Ashok Mundargi, Senior Advocate a/w Shrishti Singh i/b Mr. Madan Gupta, for the Applicants.

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Ms. Veera Shinde, APP, for the Respondent-State.

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Mr. Sagar C. Tilekar, Police Inspector, Naigaon Police Station, present.

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CORAM : MADHAV J. JAMDAR, J. DATED : JANUARY 17, 2024

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P.C.:

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1. Heard Mr. Mundargi, learned Senior Counsel appearing for

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the Applicants and Ms. Shinde, learned APP for the RespondentState.

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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 as follows:-

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1	C. R. No.	317 of 2023
2	Date of Registration of F.I.R.	01/10/2023
3	Name of Police Station	Naigaon Police Station

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961-BA-3925-2023.doc

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4	Section/s & Act/s invoked	304, 341, 427 & 504 r/w 34 of I.P.C., 1860
5	Date of Incident	01/10/2023
6	Date of Arrest	02/10/2023
7	Date of fling Charge-sheet	22/11/2023

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3. As per the prosecution case, the deceased was a truck driver. He was working as a gas tanker driver in Kongunadu Roadlines, a company based in Tamil Nadu. The deceased was driving from Bharat Petroleum Co., Kochi, Kerala to Dahej, Gujarat for the purpose of delivering and unloading a gas tanker. The said gas tanker was parked at Khandala Ghat, District-Pune, Maharashtra owing to the traffc restrictions imposed on heavy vehicles on account of Ganesh Utsav.

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4. The incident occurred under the bridge near maljipada on a service road of the Mumbai-Ahmedabad Highway under the jurisdiction of Naigaon Police Station. A minor accident had occurred and the said gas tanker hit one Maruti-Suzuki Car.

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5. The present Applicants and two more persons were in the said Car. Due to the said accident, the Applicants and said two other persons entered into a verbal altercation with the deceased. The said verbal altercations thereafter resulted into the Applicants and other two Accused assaulting the victim with fst blows and the victim succumbed to the resultant injuries.

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6. Mr. Mundargi, learned Senior Counsel submitted that the

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961-BA-3925-2023.doc

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case is of a sudden provocation due to the said minor accident and he also submitted that it was a spontaneous fght between the Applicant and the deceased and there was no intention to cause the death of the deceased.

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7. Ms. Shinde, learned APP opposes the Bail Application on the ground that the Applicants have mercilessly assaulted the victim with fst blows.

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8. However, the factual position on record shows that the case is of a sudden fght due to a minor accident.

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9. It is an admitted position that the investigation has been completed and that the Charge-sheet has been fled on 22th November 2023. The trial is unlikely to conclude any time soon and is likely to take a considerably long time. The Applicants do not have any criminal antecedents.

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10. The Applicants do not appear to be at ‘fight risk’.

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11. Accordingly, the Applicants 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 No.1-Mr. Sebastian Walathuparambil and Applicant No.2-Mr. Vicky Barot be released on bail in connection with C.R. No.317 of 2023 registered with the Naigaon Police Station, District-Palghar on their furnishing P. R. Bond of Rs.25000/- each with one or two solvent sureties in the like amount.

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961-BA-3925-2023.doc

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(b) On being released on bail, the Applicants shall furnish their cell phone numbers and residential addresses to the Investigating Offcer and shall keep the same updated, in case there is any change.

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(c) The Applicants shall report to the Naigaon Police Station, District-Palghar once in a month i.e., on frst Sunday of every month between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial.

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(d) The Applicants 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 Court or any Police personnel.

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(e) The Applicants shall not tamper with the evidence and shall not contact or infuence the complainant or any witnesses in any manner.

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

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(g) The Applicants shall surrender their passports, if any, to the Investigating Offcer.

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12. The Bail Application is disposed of accordingly.

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[MADHAV J. JAMDAR, J.]

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Sebastian Walathuparambil and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sebastian Walathuparambil and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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