Allowed

Suraj Motiram Shejwal v. State of Maharashtra

Bombay HC4 Jan 2024BA/4254/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 CrPC. The applicant, not named in the FIR, was involved in an incident described as assault leading to murder-related charges. The court emphasized the lack of role attributed to the applicant, no criminal antecedents, and high probability of a long trial, granting bail with conditions regarding residence, reporting, and non-interfe

What did the court decide?

Applicant released on bail for Rs. 25,000 with sureties, reporting to police weekly, and restricted from entering Nashik Road jurisdiction.

Suraj Motiram Shejwal Vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2024)

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2024:BHC-AS:246

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910-BA-4254-2023.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 4254 OF 2023

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Suraj Motiram Shejwal ...Applicant
 Versus
The State of Maharashtra ...Respondent

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Mr. Akshay Bankapur, for the Applicant.

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Ms. Mahalakshami Ganapathy, APP for the Respondent-State.

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CORAM : MADHAV J. JAMDAR, J. DATED : 4^th JANUARY 2024

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P.C.:

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1.Heard Mr. Bankapur, learned Counsel appearing for the
Applicant and Ms. Mahalakshami Ganapathy, learned APP appearing
for the Respondent/State.

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2. This is regular Bail Application filed under Section 439 of the

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Code of Criminal Procedure, 1973 by the Applicant who is Accused

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No.3.

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3. The relevant details are as follows:-

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`1`	`C.R. No.`	`362 of 2022`
`2`	`Date of Registration of F.I.R.`	`4`^th`December 2022`
`3`	`Police Station`	`Nashik Road`
`4`	`Sections Applied`	`302, 504 r/w. 34 of` `IPC, 1860`

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`5`	`Date of Incident`	`3`^rd`December 2022`
`6`	`Date of Arrest`	`8`^th`December 2022`
`7`	`Date of filing of Chargesheet`	`5`^th`March 2023`
`8`	`Stage of Trial`	`Not commenced.`
`9`	`Previous Criminal Antecedents`	`No`

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4.Perusal of the material on record shows that the deceased was
assaulted by weapons by Accused No.1-Bala alias Sudarshan Jagan
Jadhav and Accused No.2-Dinesh Jagan Jadhav. The present
Applicant has not been named in the FIR and he has been identified
as an unknown person.

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5.It is an admitted position that test identification parade has not
been conducted. Assuming that the Applicant is involved in crime,
still there is no major role attributed to the present Applicant. The
trial is unlikely to be concluded any time soon and will take a
considerably long time. There are no criminal antecedents reported
against the Applicant. The Applicant does not appear to be a flight
risk and can be enlarged on bail.

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6.Mr. Bankapur, learned Counsel appearing for the Applicant
states that as the witnesses are from Nashik, the Applicant will reside
outside Nashik District and the Applicant will reside at C/o. Aarti

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910-BA-4254-2023.doc
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Pravin Kedare, A/10, 1st Floor, Saibaba Apartment, Vijay Nagar,
Kalyan (East), Thane.

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7.Accordingly, the Applicant can be enlarged on bail by imposing

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conditions. Hence, the following order:-

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O R D E R

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(a)The Application is allowed.

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(b)The Applicant Suraj Motiram Shejwal be released on bail in
connection with C.R. No.362 of 2022 registered with Nashik Road
Police Station, Nashik on his furnishing P. R. Bond of Rs.25,000/-
with one or two sureties in the like amount.

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(c)The Applicant shall not enter the area covered under the
jurisdiction of Nashik Road Police Station, Nashik on being released
on bail except for reporting to the Investigating Officer, if called.

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(d)On being released on bail, the Applicant shall furnish his
contact number and residential address to the Investigating Officer
while residing outside the jurisdiction of Nashik Road Police Station,
Nashik and shall keep the same updated, in case there is any change.
(e)The Applicant shall report to the Kolashewadi Police Station,
Kalyan once every week, on every Sunday between 11.00 a.m. and
1.00 p.m. till the trial concludes. The Police Inspector of Kolashewadi

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910-BA-4254-2023.doc
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Police Station, Kalyan to communicate details thereof to the
Investigating Officer.

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(f)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 him/her from disclosing the facts to
Court or any Police Officer. The Applicant shall not tamper with
evidence.

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

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

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(i)The Application is disposed of.

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Suraj Motiram Shejwal v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Suraj Motiram Shejwal 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

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