Allowed¶31

Shreeram Pacharam Bishnoi v. the State of Maharashtra

Bombay HC27 Jan 2025BA/1311/2024

Case brief

AI extract

What is this about?

Undertrial bail after long incarceration; MCOCA organised-crime case, Vadgaon/Kolhapur; attempt to murder and obstruction of police personnel (s.307, 353 IPC) with Arms Act and Motor Vehicle Act charges; parity argument based on co-accused already enlarged on bail and trial stayed pending his appeal; Bombay High Court, Criminal Appellate Jurisdiction, 2024; P.R. bond Rs.25,000 with reporting conditions.

What did the court decide?

Both Criminal Bail Applications allowed; applicants to be released on bail in Crime No.44 of 2020 (Vadgaon Police Station, Kolhapur) on executing P.R. Bond of Rs.25,000/- each with one or two sureties in the like amount; condition to attend the concerned Police Station twice a month (first and third Saturday, 11:00 a.m. to 1:00 p.m.) till conclusion of trial; applicants shall not commit any other offence.

Shreeram Pacharam Bishnoi vs the State of Maharashtra — Motor Accident Claims | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicants, who have been in jail for more than five years as under-trial prisoners, should be released on bail. +1 more

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Court's answer

The applicants' detention for more than five years as under-trial prisoners is not disputed; this is an accepted factual premise of the decision.

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Ratio / Principle

Considering the overall facts and circumstances — including the undisputed five-year-plus incarceration and the stay of trial against the co-accused — the Court resolved to release both applicants on bail in Crime No.44 of 2020.

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Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), common order allowing Bail Applications Nos. 1311 and 1326 of 2024. Applicants arrested in Crime No.44 of 2020, Vadgaon Police Station, Kolhapur, for offences under IPC ss.307, 353, 332, 109, 279 r/w s.34, Arms Act ss.3, 25(1)(A), 5(25), 28, 35, Motor Vehicle Act ss.184, 177 and MCOCA ss.3(1)(ii), 3(2), 3(4). Incarceration exceeding five years as under-trials undisputed; appeal of co-accused Shravankumar Manoharlal Manju @ Bishnoi admitted and his trial stayed (Criminal Appeal No.832 of 2023, order dt. 10.04.2024); co-accused earlier released on bail (Criminal Bail Application No. 2157 of 2024, dt. 05.09.2024). Considering overall facts, Court released both applicants on P.R. Bond of Rs.25,000/- each with one or two like sureties, subject to reporting at the concerned police station on the first and third Saturday of every month till conclusion of trial and abstention from further offences.

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1-BA-1311-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 1311 OF 2024

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Shreeram Pacharam Bishnoi ...Applicant Versus The State of Maharashtra ...Respondent

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WITH

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BAIL APPLICATION NO. 1326 OF 2024

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Sham @ Shamlal Govardhanram Puniya @ Bishnoi ...Applicant Versus The State of Maharashtra ...Respondent

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Mr. Ramanik P. Pawar a/w Ms. Samiksha Pawar, Ms. Dhanashree Jagdale, Ms. Shubhangi Kadam, Ms. Trupti J., Mr. Samadhan M. and Mr. Pankaj Mule, Advocate for the Applicants.

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Mr. T. G. Khan, A.P.P. for the Respondent – State.

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Mr. Santosh Mane (API), Vadgav Police Station, Dist.-Kolhapur, present.

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P.C.:

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As both these applications for bail are arising out of

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one and the same crime and therefore they are being disposed

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of by this common order.

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The applicants came to be arrested in Crime No.44 of

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Zeenat Pathan

1-BA-1311-2024.doc

2020 registered at Vadgaon Police Station, Kolhapur, for the offence punishable under Sections 307, 353, 332, 109, 279 read with Section 34 of Indian Penal Code, Sections 3, 25(1) (A), 5 (25), 28, 35 of the Arms Act, Sections 184, 177 of the Motor Vehicle Act and under Sections 3 (1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

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I have heard the learned counsel for the applicants and learned A.P.P. for the Respondent-State.

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The bail is sought on the ground of long incarceration as an under-trial prisoners.

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The learned counsel for the applicants submits that the applicants are in jail for more than five years. It is submitted that the Division Bench of this Court has stayed the trial against the Co-accused, and therefore, the Trial Court is not proceeding with the trial. It is submitted that considering the said facts and circumstances, this Court by order dated 5^th September 2024, in Criminal Bail Application No. 2157 of 2024 has granted bail to the co-accused Shravankumar Manoharlal Manju @ Bishnoi.

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Zeenat Pathan

1-BA-1311-2024.doc

On the other hand, the learned A.P.P. submits that the applicants attempted to kill the police personnel, while they were trying to apprehend them. It is submitted that, considering the nature of offence, the applicants may not be released on bail.

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The fact that the applicants are in jail for more than five years is not disputed. This Court by order dated 10^th April 2024 in Criminal Appeal No.832 of 2023, has admitted the appeal filed by the co-accused Shravankumar Manoharlal Manju @ Bishnoi and stayed the trial against the said co-accused.

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Considering the overall facts and circumstances, I am inclined to release the applicants on bail.

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ORDER

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(i) Both Criminal Bail Applications are allowed;

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(ii) The applicants are directed to be released on bail in connection with Crime No.44 of 2020 registered at Vadgaon Police Station, Kolhapur, for the offence punishable under Sections 307, 353, 332, 109, 279 read with Section 34 of Indian Penal Code, Sections 3, 25(1) (A), 5 (25), 28, 35 of the Arms Act, Sections 184, 177 of

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Zeenat Pathan

1-BA-1311-2024.doc

the Motor Vehicle Act and under Sections 3 (1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;

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(iii) The applicants shall attend the concerned Police Station twice in a month i.e., on first and third Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial;

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(iv) The applicants shall not commit any other offence.

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(v) Applications stand disposed of accordingly.

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Zeenat Pathan

Shreeram Pacharam Bishnoi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shreeram Pacharam Bishnoi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Case details

All orders in this case

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