Govindsing Devising Chundawat vs the State of Maharashtra — Motor Accident Claims | Bombay HC (2025)

Govindsing Devising Chundawat vs the State of Maharashtra — Motor Accident Claims | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release on bail in connection with Crime No. 501 of 2022 (Indapur Police Station, Pune Gramin, District Pune) on executing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount; conditions imposed: applicant shall not enter the limits of Pune District except to attend Trial Court dates; shall furnish residential address and contact number to Indapur Police Station; and shall attend the police station having jurisdiction over his residence once a month (first Saturday, 11:00 a.m. to 2:00 p.m.) till conclusion of trial.

Issue for consideration

Whether the applicant, arrested in Crime No. 501 of 2022 (Indapur Police Station, Pune Gramin) for offences under Ss. 8(c) and 20(b) NDPS Act 1985, Ss. 279 and 427 IPC 1860 and S. 184 MV Act 1989 following recovery of 28 kg of Ganja from an accidental car, should be released on regular bail.

Court's answer

Admittedly, the applicant is not the registered owner of the vehicle in question — a fact relied upon by the Court in deciding to release him on bail.

Ratio / Principle

Taking together the applicant's admitted non-ownership of the vehicle, his two years and four months of custody without commencement of trial, and the acquittal in the earlier crime of similar nature, the Court considered the overall facts and circumstances of the case and decided to release the applicant on bail.

Detailed headnote1 paragraphs

Regular bail granted — Govindsing Devising Chundawat, arrested in Crime No. 501 of 2022 (Indapur Police Station, Pune Gramin, District Pune) under Ss. 8(c) and 20(b) NDPS Act 1985, Ss. 279 and 427 IPC 1860 and S. 184 Motor Vehicles Act 1989, after 28 kg of Ganja was found in accidental car RJ06-CE-9228 on 04.07.2022. Court noted the applicant is admittedly not the registered owner of the vehicle, has spent two years and four months in custody with trial yet to commence, and has been acquitted in an earlier crime of similar nature; considering the overall facts and circumstances, released on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, subject to conditions including exclusion from Pune District save for trial dates, furnishing address/contact to Indapur Police Station, and monthly reporting on first Saturdays until conclusion of trial. (Bombay HC, N. R. Borkar, J.; Bail Application No. 3708 of 2024.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 3708 OF 2024

Govindsing Devising Chundawat Versus

The State of Maharashtra

...Applicant

...Respondent

Mr. Shafique Shaikh, Advocate for the Applicant. Ms. G. P. Mulekar, A.P.P. for the Respondent – State. Mr. P. M. Gavade (PSI), Indapur Police Station, present.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No.501 of

2022 registered at Indapur Police Station, Pune Gramin, District : Pune, for the offences punishable under Sections 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 279, 427 of the Indian penal Code, 1860 and Section 184 of the Motor Vehicles Act, 1989.

On 04.07.2022, the patrolling party received an information that a car bearing registration No.RJ06-CE-9228 met with an accident. They went there and found 28 Kg of

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Ganja in the said car.

The learned counsel for the applicant submits that the

applicant has nothing to do with the alleged crime. He is not registered owner of the car in question. It is submitted that the applicant is in jail for two years and four months and trial has not commenced.

On the other hand, the Learned A.P.P. for the Respondent-State submits that during the course of interrogation it was revealed that the car in question was sold to the present applicant by registered owner. It is submitted that considering the nature of offence, the applicant may not be released on bail. It is further submitted that the applicant is involved in one more crime of similar nature.

The learned counsel for the applicant has produced on record the copy of the order of acquittal in earlier crime. The applicant is in jail for two years and four months and trial has not commenced. Admittedly, the applicant is not the registered owner of the vehicle in question. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail.

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ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.501 of 2022 registered at Indapur Police Station, Pune Gramin, District : Pune, for the offences punishable under Sections 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 279, 427 of the Indian penal Code, 1860 and Section 184 of the Motor Vehicles Act, 1989 on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall not enter into the limits of Pune District except to attend the dates before the Trial court;

(iv) The applicant shall furnish his residential address and contact number to Indapur Police Station;

(v) The applicant shall attend the concerned Police Station within whose jurisdiction he is going to reside after his release once in a month i.e. on first Saturday between 11:00 a.m. to 2:00 pm. till conclusion of trial; (vi) Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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