Ram Subhash Shrirame vs the State of Maharashtra

The applicant came to be arrested in Crime No. 675 of 2023 registered at Lonikand Police Station, Dist-Pune for the offences punishable under Sections 302 & 504 read with section 34 of the Indian Penal Code.

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FIR is lodged by Sangram Dhariya, friend & coworker of the deceased Shailesh Mandikar. The informant is a plumber and he was working on a site along with the deceased & the applicant who worked there as labourers. The deceased was addicted to alcohol and consumed it every evening, due to which he often abused other roommates as well as the applicant. On 22/08/2023 at 9pm, the

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deceased along with the applicant and co-accused Gopal were consuming alcohol in their room. The complainant was also present there. At that time, a quarrel arose between them on account of some previous dispute. Therefore, the complainant left the room and after some time he heard a loud noise from the room. Thereafter, he saw the accused persons fleeing on their motorcycle with a gas cylinder. Upon entering the room, the complainant saw the deceased lying in a pool of blood and his head was smashed with some heavy object. Accordingly, the present crime was registered.

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I have heard the learned counsel for the applicant and the learned APP for the respondent/State.

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The learned counsel for the applicant submits that the alleged assault by gas cylinder is attributed to coaccused Gopal. It is submitted that the applicant is in jail for one year and nine months and the trial is still at the stage of framing of charge. Learned counsel for the applicant submits that even otherwise the incident was not premeditated. It is submitted that there are no other criminal antecedents.

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On the other hand, the learned APP for the Respondent/State submits that the case is based on direct evidence. It is submitted that considering the nature of crime the applicant may not be released on bail.

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I have perused the statement of eye witness. Primafacie, the incident does not appear to be premeditated. The alleged assault by the gas cylinder is attributed to the

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co-accused Gopal. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed:

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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 be released on bail in Crime No. 675 of 2023 registered at Lonikand Police Station, Dist-Pune for the offences punishable under Sections 302 & 504 read with section 34 of the Indian Penal Code, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

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C] The applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, till conclusion of the trial.

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8. Application stands disposed of accordingly.

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(N. R. BORKAR, J.)

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Pramod S.Lakare

Ram Subhash Shrirame v. the State of Maharashtra

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Ram Subhash Shrirame v. the State of Maharashtra

Case brief

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