Allowed

Pravin Namdev Naik v. the State of Maharashtra

Bombay HC27 Mar 2024BA/4246/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a murder case, noting the incident occurred during a scuffle between friends under the influence of alcohol without pre-meditation. The court considered the delay in trial progress and granted bail subject to conditions.

What did the court decide?

Released on bail on furnishing personal bond of Rs.25,000/- with one or two local solvent sureties.

Pravin Namdev Naik Vs the State of Maharashtra — Bail and Remand | Bombay HC (2024)

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BA 4246-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.4246 OF 2023

Pravin Namdev Naik

.Applicant

Versus

The State of Maharashtra

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.Respondent

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Mr. Abdulla Peerzade, Advocate, for the Applicant. Ms. Savita Yadav, APP, for the Respondent – State. Mr. N. B. Jadhav, API-Hadapsar Police Station, Pune City, present.

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CORAM: MADHAV J. JAMDAR, J. DATE: 27.03.2024

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P. C.

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Heard Mr. Peerzade, learned Counsel for the Applicant and Ms.

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Yadav, learned APP for the Respondent-State.

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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.	981 of 2022
2. Date of registration of F.I.R.	07.08.2022
3. Name of Police Station	Hadapsar, Pune City
4. Sections invoked	302 of the I.P.C., 1860
5. Date of incident	02.08.2022
6. Date of arrest	07.08.2022
7. Date of filingof Charge-sheet	01.03.2023

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As per the prosecution case, the Applicant and the deceased were friends. The incident in question has taken place on 02.08.2022.

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At the time of the incident, both of them were under the influence of

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Page No. 1

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Anand

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BA 4246-2023.doc

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alcohol and were assautling each other. Firstly, the deceased assaulted the Applicant with fist blows. Thereafter, the Applicant assaulted the deceased with stones.

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Mr. Peerzade, learned Counsel for the Applicant submitted that insofar as the incident in question is concerned, it has taken place on the spur of the moment. The deceased and the Applicant were under the influence of alcohol. A quarrel broke out between the Applicant and the deceased and the incident has taken place. He submitted that there is no pre-meditation. Therefore, the Applicant may be released on bail.

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On the other hand, Ms. Yadav, learned APP for the Respondent – State vehemently opposed the Bail Application. She submitted that there are eye-witnesses to the incident. The incident has been captured on a cell phone. She submitted that the Applicant assaulted the deceased with stones. She pointed out the Post-Mortem Examination Report which records that the death is due to a head injury. She submitted that there is one antecedent punishable under Sections 302 & 504 r/w. 34 of the Indian Penal Code, 1860.

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However, Mr. Peerzade, learned Counsel for the Applicant submitted that insofar as the aforesaid antecedent is concerned, the Applicant has been acquitted in that case. He relied on the Judgment dated 13.02.2019 of the learned Additional Sessions Judge, Pune passed in Sessions Case No.636 of 2016.

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Prima facie, there is substance in the contention advanced by

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Page No. 2

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Anand

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BA 4246-2023.doc

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the learned Counsel for the Applicant that the incident in question

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has taken place on the spur of the moment. Both the Applicant and the deceased were under the influence of alcohol and the incident in question has taken place during a scuffle between them. Initially, the deceased assaulted the Applicant with fist blows. Thereafter, the Applicant assaulted the deceased with stones. There is no premeditation.

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The incident in question occurred on 02.08.2022. F.I.R. was lodged on 07.08.2022. The Applicant was apprehended on 07.08.2022. Charge-sheet has been filed on 01.03.2023. As per the Charge-sheet, the prosecution intends to examine 18 witnesses. Till date, there is no progress in the trial. Even charge is also not framed yet.

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The trial is likely to take a considerably long time.

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The Applicant does not have any criminal antecedents.

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

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Accordingly, the Applicant can be enlarged on bail by imposing

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conditions.

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In view thereof, the following order:-

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O R D E R

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(a) The Applicant - Pravin Namdev Naik be released on

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bail in connection with C.R. No.981 of 2022 registered with the Hadapsar Police Station, Pune City on his furnishing

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P.R. Bond of Rs.25,000/- with one or two local solvent

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Page No. 3

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Anand

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BA 4246-2023.doc

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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 Hadapsar Police Station, Pune City once a week, on Sunday between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.

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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 prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

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

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