Bail granted to a 19-year-old first-time accused in a murder charge after incident arose from extortion. Court imposed standard conditions including surrendering passport and attending trial.
Applicant released on bail on payment of Rs.25,000 with sureties and upon furnishing passport and compliance with reporting conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 616 OF 2024
Prashant Shankar Hiremath .Applicant
Versus
The State of Maharashtra
.Respondent
Mr. Om Latpate i/b. Mr. Kuldeep U. Nikam, Advocate, for the Applicant.
Ms. S. S. Kaushik, APP, for the Respondent – State. Mr. Vinod Pawar, P.S.I., Hadapsar Police Station, Pune, present.
CORAM: MADHAV J. JAMDAR, J. DATE: 16.02.2024
439 of the Code of Criminal Procedure, 1973. The relevant details
are as follows:-
| 1. | C. R. No. | 621 of 2022 |
|---|---|---|
| 2. | Date of registration of F.I.R. | 31.05.2022 |
| 3. | Name of Police Station | Hadapsar Police Station Pune district |
| 4. | Sections invoked | 302 r/w 34 of the I.P.C., 1860; 4, & 12 of the Arms Act, 1959; 37(1) & 135 of the Maharashtra Police Act, |
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| 1951 | ||
|---|---|---|
| 5. | Date of incident | 30.05.2022 |
| 6. | Date of arrest | 31.05.2022 |
| 7. | Date of fling of Charge-sheet | 25.08.2023 |
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extort money from the Accused and as they objected to it, the incident in question has taken place. He submitted that the Applicant is very young man aged 19 years. He submitted that there are no antecedents. Therefore, the Applicant be released on bail.
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O R D E R
(a) The Applicant - Prashant Shankar Hiremath be released on bail in connection with C. R. No.621 of 2022 registered with the Hadapsar Police Station, District - Pune on his furnishing P. R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount.
(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case of any change thereto.
(c) The Applicant shall report to the Hadapsar Police Station, District - Pune on the frst Sunday of every month between 11.00 a.m. and 1.00 p.m. for a period of six months and thereafter, as and when called by the Investigating Offcer.
(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
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disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or infuence the Complainant or any witness in any manner.
(g) The Applicant shall surrender his passport, if any, to the Investigating Offcer.
prima facie and the Trial Court shall decide the case on its own
merits uninfuenced by the observations made in this order.
[MADHAV J. JAMDAR, J.]
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2 issues framed by the court
Whether bail should be granted to the accused in a murder case under Section 439 CrPC.
Whether the circumstances warrant release on bail with conditions given the promptness of the incident.
1 provisions across 1 enactments
Prashant Shankar Hiremath
The State of Maharashtra
MADHAV J. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
