Sham @ Shamlal Govardhanram Puniya @ Bishnoi vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Sham @ Shamlal Govardhanram Puniya @ Bishnoi vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both Criminal Bail Applications allowed; the applicants directed to be released on bail in Crime No. 44 of 2020 (Vadgaon Police Station, Kolhapur) on executing a P.R. Bond of Rs.25,000/- each with one or two sureties in the like amount, on conditions that they 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 and shall not commit any other offence.

Issue for consideration

Whether the applicants, who have been in jail for more than five years as under-trial prisoners, are entitled to be released on bail in connection with Crime No. 44 of 2020, Vadgaon Police Station, Kolhapur. +1 more

Court's answer

The fact that the applicants are in jail for more than five years is not disputed.

Ratio / Principle

This Court had admitted the appeal of co-accused Shravankumar Manoharlal Manju @ Bishnoi and stayed the trial against him, so the Trial Court is not proceeding with the trial — a circumstance taken into account in favour of bail.

Key takeaways

Considering the overall facts and circumstances, the Court was inclined to release the applicants on bail, and both bail applications were allowed with conditions.ratio¶28

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Criminal Appellate Jurisdiction) — common order allowing Bail Applications Nos. 1311 and 1326 of 2024, both arising out of Crime No. 44 of 2020, Vadgaon Police Station, Kolhapur, wherein the applicants (Shreeram Pacharam Bishnoi and Sham @ Shamlal Govardhanram Puniya @ Bishnoi) were arrested for offences punishable under Sections 307, 353, 332, 109, 279 read with Section 34 IPC; Sections 3, 25(1)(A), 5(25), 28, 35 Arms Act; Sections 184, 177 Motor Vehicle Act; and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999. Bail was sought on the ground of long incarceration — custody exceeding five years, a fact not disputed. The trial against co-accused Shravankumar Manoharlal Manju @ Bishnoi stood stayed upon admission of his appeal (Criminal Appeal No. 832 of 2023, order dated 10th April 2024), and the co-accused had already been granted bail (Criminal Bail Application No. 2157 of 2024, order dated 5th September 2024). Despite the prosecution's objection that the applicants attempted to kill police personnel while being apprehended, the Court held that, considering the overall facts and circumstances, the applicants were fit to be released: both applications allowed; release on P.R. Bond of Rs. 25,000/- each with one or two sureties in like amount, subject to reporting at the concerned police station twice a month (first and third Saturdays, 11:00 a.m.–1:00 p.m.) till conclusion of trial, and abstention from committing any other offence.

1-BA-1311-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1311 OF 2024

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

WITH

BAIL APPLICATION NO. 1326 OF 2024

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

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.

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

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

P.C.:

As both these applications for bail are arising out of

one and the same crime and therefore they are being disposed

of by this common order.

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

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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.

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

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

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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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.

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.

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

ORDER

(i) Both Criminal Bail Applications are allowed;

(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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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;

(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;

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

(v) Applications stand disposed of accordingly.

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