Disposed

Manthan Arjun Dhulap v. State of Maharashtra

Bombay HC1 Feb 2024BA/399/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC by an accused of murdering his brother after a quarrel over money invested in the share market. Court found the incident occurred on grave and sudden provocation, charge-sheet filed with 17 witnesses, no criminal antecedents, and enlarged the applicant on bail with conditions.

What did the court decide?

Applicant released on bail in C.R. No.52 of 2022 on furnishing P.R. Bond of Rs.25,000/- with two sureties in the like amount, subject to conditions including monthly police station reporting.

Manthan Arjun Dhulap Vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2024)

¶1

906-BA-399-2024.DOC
Sonali

¶2

2024:BHC-AS:4942

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CRIMINAL APPELLATE JURISDICTION

¶5

CRIMINAL BAIL APPLICATION NO.399 OF 2024

¶6

Manthan Arjun Dhulap…Applicant
Versus

¶7

The State of Maharashtra …Respondent

¶8

Mr. Satyavrat Joshi, Advocate for the Applicant.
Ms. S. S. Kaushik, APP for the Respondent-State.

¶9

Mr. Devidas R. Salve, P.S.I. attached to Malegaon Police Station,
Pune Rural present.

¶10

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

¶11

PC:-

¶12

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

¶13

2. This regular Bail Application is preferred under Section 439

¶14

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

¶15

`1. C. R. No.`	`52 of 2022`
`2. Date of Registration of F.I.R.`	`29/10/2022`
`3. Name of Police Station`	`Malegaon Police Station,` `Taluka-Baramati, District-`
	`Pune`
`4. Section/s invoked`	`302 of I.P.C.,1860`

¶16

Page 1 of 5

¶17

906-BA-399-2024.DOC
Sonali

¶18

`5. Date of Incident`	`28/10/2022`
`6. Date of Arrest`	`31/10/2022`
`7. Date of filing of Charge-` `sheet`	`27/01/2023`

¶19

3.The Applicant is younger brother of the deceased. The
incident in question occurred on 28th October 2022. The deceased
had borrowed an amount of Rs.1,40,000/- from the Applicant and
his mother for starting his footwear business. When the Applicant
had asked the deceased about the said amount and whether any
business has been started, the deceased informed him that entire
amount was invested in share market and the said amount is lost
and nothing is left with him. Thereafter, the deceased started
assaulting the present Applicant with fist and kick blows on his
chest and due to sudden provocation, the Applicant assaulted the
deceased with knife and the deceased succumbed to the injuries.

¶20

4. Mr. Joshi, learned Counsel appearing for the Applicant states

¶21

that the deceased is brother of the present Applicant and the
incident in question had occurred after grave and sudden
provocation. He submitted that the date of incident is 28th October
2022 and the Applicant was arrested on 31st October 2022 and the

¶22

Page 2 of 5

¶23

906-BA-399-2024.DOC
Sonali

¶24

Charge-sheet has been filed on 27th January 2023. As per the
Charge-sheet there are 17 witnesses. He submitted that the
Applicant few months before the alleged incident got married. He
submitted that there is no criminal antecedent against the
Applicant. Therefore, the Applicant be released on bail.

¶25

5.Ms. Kaushik, learned APP strongly opposed the Application.
She submitted that the Applicant has used knife and assaulted on
vital part of the body of the deceased and therefore, bail be not
granted to the Applicant.

¶26

6.Perusal of the Charge-sheet shows that the incident has
occurred in a spur of the moment and on grave and sudden
provocation. It is clear that the deceased had started assaulting the
Applicant with fist and kick blows and thereafter, due to sudden
provocation, the incident had occurred.

¶27

7.The Applicant was arrested on 31st October 2022. Charge-
sheet has been filed on 27th January 2023. As per the Charge-sheet
there are 17 witnesses. The trial is unlikely to conclude any time
soon and is likely to take a considerably long time.

¶28

Page 3 of 5

¶29

906-BA-399-2024.DOC
Sonali

¶30

8. The Applicant does not have any criminal antecedents.

¶31

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

¶32

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

¶33

imposing conditions. In view thereof, the following order:-

¶34

O R D E R

¶35

(a) The Applicant-Manthan Arjun Dhulap be released on bail in connection with C. R. No.52 of 2022 registered with the Malegaon Police Station, Taluka-Baramati, District-Pune on his furnishing P. R. Bond of Rs.25,000/- with twosureties in the like amount.

¶36

(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.

¶37

(c) The Applicant shall report to the Malegaon Police Station, Taluka-Baramati, District-Pune on the first Sunday of every month between 11.00 a.m. and 1.00

¶38

Page 4 of 5

¶39

906-BA-399-2024.DOC
Sonali

¶40

p.m. until the conclusion of the trial.

¶41

(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.

¶42

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

¶43

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

¶44

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

¶45

11. The Bail Application is disposed of accordingly.

¶46

(MADHAV J. JAMDAR, J.)

¶47

Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 01/02/2024 18:35:57

¶48

Page 5 of 5

Manthan Arjun Dhulap v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Manthan Arjun Dhulap 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

Pramodkumar Kuberram Jeshawar Vs State of Maharashtra

Shivram Narayan Salavi Vs State of Maharashtra and Anr.

Rex Brian Ohara Vs the State of Maharashtra

Shubham Ashok Shendage vs State of Maharashtra

Owais Julkarnen Johar Sharif Sayyad @Rahul Mehra Vs State of Maharashtra

Pramod Baburao Shelke Vs Customs Department , Narcotic Cell and Anr.