Allowed

Prakash Shankar Balghare v. State of Maharashtra

Bombay HC9 Feb 2024BA/570/2024

Case brief

AI extract

What is this about?

The High Court of Bombay at Bombay granted bail to the applicant, a 70-year-old senior citizen, in a murder and assault case. The court imposed strict conditions to prevent the applicant from entering the crime jurisdiction and to ensure regular police reporting.

What did the court decide?

Released on bail by furnishing a PR Bond of Rs.25,000/- with one or two sureties in the like amount.

Prakash Shankar Balghare Vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2024)

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915-BA-570-2024.DOC
Sonali

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2024:BHC-AS:6504

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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.570 OF 2024

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Prakash Shankar Balghare…Applicant
Versus
The State of Maharashtra…Respondent

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Mr. Satyavrat Joshi a/w. Ms. Disha Rathod i/b. Ms. Sakshi Mane,
Advocates for the Applicant.
Ms. Veera Shinde, APP for the Respondent-State.

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Mr. Dnyaneshwar Nagnath Raut, P.S.I. attached to Khed Police
Station present.

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CORAM: MADHAV J. JAMDAR, J. DATED : 9^th FEBRUARY 2024

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PC:-

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1.Heard Mr. Joshi, learned Counsel appearing for the

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Applicant and Ms. Shinde, learned APP appearing for the
Respondent-State.

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2. This regular Bail Application is preferred under Section 439

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

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1.C. R. No.734 of 2023

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Page 1 of 7

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915-BA-570-2024.DOC
Sonali

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`2. Date of Registration of F.I.R.`	`14/09/2024`
`3. Name of Police Station`	`Khed Police Station,` `District-Pune`
`4. Section/s invoked`	`302, 326, 325, 324,` `323, 341, 143, 147,` `148, 149, 504, 506 of` `the I.P.C., 1860`
`5. Date of Incident`	`14/09/2023`
`6. Date of Arrest`	`16/09/2023`
`7. Date of filing of Charge-sheet`	`12/12/2023`

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3.As per the prosecution case, the deceased had borrowed
Rs.1,50,000/- from the family of the Applicant. The Applicant is
also closely related to the deceased. As in spite of demands, the
deceased was not repaying the borrowed amount, therefore on 14th
September 2023 at about 7.30 a.m. the incident has occurred. On
13th September 2023, there was also a quarrel on the same subject
between the family of the Applicant, the Applicant and the
deceased. In the incident in question the Applicant along with
other co-accused, who are all family members of the Applicant,
assaulted the deceased with wooden sticks. The deceased
succumbed to the resultant injuries on 15th September 2023 at
about 8.10 p.m.

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Page 2 of 7

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4.Mr. Joshi, learned Counsel appearing for the Applicant
submitted that the present Applicant is a senior citizen aged 70
years and in fact as per the F.I.R. which has been lodged by the
deceased when he was taken to the hospital, he has not mentioned
the name of the Applicant as the person who assaulted him. He
further submitted that since the Applicant is senior citizen and
Charge-sheet has been filed, the Applicant be enlarged on bail.

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5.On the other hand, Ms. Shinde, learned Counsel appearing
for the Respondent-State strongly opposed the Bail Application.
She pointed out the statements of the eye-witnesses namely
Dattatray Baburao Balghare (Page 116) and Anjanabai Dattatray
Balghare (Page 117). She submitted that all of them have
witnessed the incident and they have named the present Applicant
as one of the person who has assaulted the deceased. She therefore
submitted that Bail Application be rejected.

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6.Perusal of the prosecution case as reflected in the F.I.R. and
various statements annexed to the Charge-sheet, shows that the
deceased had borrowed Rs.1,50,000/- from the family of the
Applicant and he was not returning the same in spite of repeated

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Page 3 of 7

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915-BA-570-2024.DOC
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demands. In fact, on an earlier date i.e. on 13th September 2023
also there was some altercation between the Applicant, his family
members and the deceased as the deceased was not returning the
borrowed amount. The Applicant is a senior citizen aged 70 years
old. As per the Charge-sheet even if the entire case of the
prosecution is considered, then also the Applicant has assaulted
the deceased with a wooden stick. It is an admitted position that
investigation has been completed and that Charge-sheet has been
filed. As per the Charge-sheet there are 21 witnesses proposed to
be examined by the prosecution. The trial is unlikely to conclude
any time soon and is likely to take a considerably long time.

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7. There are no criminal antecedents against the present Applicant.

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8.Mr. Joshi, learned Counsel appearing for the Applicant states
that as several witnesses are residing in the same locality as that of
the Applicant, the Applicant will therefore not reside within the
jurisdiction of Khed Police Station, Pune and that the Applicant
will reside at Kharabwadi, Chakan, Taluka-Khed, District-Pune.

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Page 4 of 7

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915-BA-570-2024.DOC
Sonali

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

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

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

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O R D E R

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(a) The Applicant- Prakash Shankar Balghare be released on bail in connection with C. R. No.734 of 2023 registered with the Khed Police Station, Taluka-Khed, District-Pune on his furnishing P. R. Bond of Rs.25,000/- with one or two sureties in the like amount.

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(b) The Applicant shall not enter the jurisdiction of Khed Police Station, Pune after being released on bail, except for reporting to the Investigating Officer, if called and for attending the trial.

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(c) 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,

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Page 5 of 7

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915-BA-570-2024.DOC
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in case of any change thereto.

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(d)The Applicant shall report to the Chakan Police
Station, Taluka-Khed, District-Pune once in a month
on first Sunday between 11.00 a.m. and 1.00 p.m. till
the conclusion of the trial. The Police Inspector of
Chakan Police Station, Taluka-Khed, District-Pune to
communicate details thereof to the Investigating
Officer.

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

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(g) The Applicant shall attend the trial regularly. The

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Page 6 of 7

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915-BA-570-2024.DOC
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Applicant shall co-operate with the Trial Court and
shall not seek unnecessary adjournments thereat.

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

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11. The Bail Application is disposed of accordingly.

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12.It is clarified that the observations made herein are prima

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facie and the trial Court shall decide the case on its own merits and
uninfluenced by the observations made in this order.

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(MADHAV J. JAMDAR, J.)

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Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 09/02/2024 14:43:28

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Page 7 of 7

Prakash Shankar Balghare v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Prakash Shankar Balghare 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

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