Allowed

Somnath Kundalik Shinde v. State of Maharashtra

Bombay HC7 Oct 2024BA/4135/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC for offences including attempt to homicide under Sections 307, 143-149 and 34 IPC in a Pune rural crime. Court granted bail on grounds of parity with co-accused released earlier, imposing monthly police-station attendance and anti-tampering conditions.

What did the court decide?

Release on bail on PR Bond of Rs 25,000 with one surety; monthly police-station attendance; conditions against inducement or tampering; liberty to State to apply for cancellation.

Somnath Kundalik Shinde vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2024)

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948-BA4135-2024.doc

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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. 4135 OF 2024

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Somnath Kundlik Shinde ... Applicant. V/s. The State of Maharashtra … Respondent.

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Mr Sachin H. Deokar a/w Vignesh Ashokan & Suraj Gadkari, Advocate for Applicant

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Ms Veera Shinde, APP for the State.

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API Raje, Pune Rural Police Station

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CORAM : ANIL S. KILOR, J. DATED : OCTOBER 23, 2024.

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PC:

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Heard.

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By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.497 of 2023, registered with Khed Police Station, District: Pune for the offences punishable under Sections 307, 143, 147, 148, 149 read with Section 34 of the Indian Penal Code, 1860.

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This Court granted bail to co-accused Dinesh Shinde, Vishal Satkar, Sameer Sawant and Jayesh Shinde. The role of the

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applicant is similar to the co-accused who have been released on bail. Except the applicant all other accused are released on bail. No identification parade was conducted despite the eyewitness do not know the names of the assailants.

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In the circumstances, as the principle of parity will apply in this matter, I pass the following order:

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i) The Criminal Application is allowed.

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ii) It is directed that the applicant shall be released on bail in connection with Crime No.497 of 2023, registered with Khed Police Station, District: Pune for the offences punishable under Sections 307, 143, 147, 148, 149 read with Section 34 of the Indian Penal Code, 1860, on furnishing P.R.Bond in the sum of Rupees Twenty Five Thousand with one solvent surety in the like amount;

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iii) The applicant shall attend the concerned Police Station on first day of every month between 10:00 am and 11:00 am, till conclusion of the trial, except on the date of the trial.

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iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

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v) Liberty is granted to the State to apply for cancellation of bail if the applicant commits similar offence or breaches any condition for grant of bail.

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vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

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The Criminal Application is disposed of accordingly.

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(ANIL S. KILOR, J)

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Somnath Kundalik Shinde v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Somnath Kundalik Shinde v. 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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