Happy Surendrasingh Sandhu vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Happy Surendrasingh Sandhu vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The applicant was ordered to be released on bail in Crime No. 1329 of 2024 (Wakad Police Station, Pune) on furnishing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to the condition that he attend the concerned police station twice a month (first and third Saturday, between 11:00 am to 2:00 pm) till conclusion of the trial.

Issue for consideration

Whether the applicant, arrested in Crime No. 1329 of 2024 (Wakad Police Station, Pune) for offences under Sections 109(1), 189(2), 189(4), 190, 191(2), 191(3), 118(1), 351(2) & 324(4) of the Bhartiya Nyaya Sanhita, should be released on regular bail.

Court's answer

On perusal of the injury certificate, the complainant was under the influence of liquor at the time of the alleged accident and there are no grievous injuries; the applicant has been in jail for about two months.

Ratio / Principle

Notwithstanding the learned APP's submission that the applicant is involved in three more crimes under Section 324 IPC, considering the overall facts and circumstances, the court was inclined to release the applicant on bail.

Detailed headnote1 paragraphs

Bombay High Court (N. R. Borkar, J.), by order dated 17.02.2025, allowed Criminal Bail Application No. 378 of 2025 and released applicant Happy Surendrasingh Sandhu on regular bail in Crime No. 1329 of 2024 registered at Wakad Police Station, Dist-Pune, for offences punishable under Sections 109(1), 189(2), 189(4), 190, 191(2), 191(3), 118(1), 351(2) & 324(4) of the Bhartiya Nyaya Sanhita. The prosecution alleged that on 22.12.2024 the applicant and other co-accused assaulted the complainant with sticks and attempted his murder; the court viewed the matter as road rage, the applicant having been a pillion rider on co-accused Dhiraj Jadhav's motorcycle which dashed the complainant's motorcycle. Perusing the injury certificate, the court found that at the time of the alleged accident the complainant was under the influence of liquor and that there were no grievous injuries; the applicant had been in jail for about two months. Although the learned APP pointed out that the applicant was involved in three more crimes punishable under Section 324 of the Indian Penal Code, the court, considering the overall facts and circumstances, granted bail on a P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount, and directed the applicant to attend the concerned police station twice a month (first and third Saturday, 11:00 am to 2:00 pm) till conclusion of the trial.

15-BA-378-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 378 OF 2025

Happy Surendrasingh Sandhu

...Applicant

VERSUS

The State of Maharashtra

...Respondent

Mr. Kishan Chaudhari i/b Mr. Rajabhau S. Chaudhari, Advocate for the Applicant.

Mr. S. V. Walve, A.P.P. for the Respondent – State.

CORAM : N. R. BORKAR, J. DATE : 17.02.2025.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No. 1329 of 2024 registered at Wakad Police Station, Dist- Pune for the offences punishable under Sections 109(1), 189(2), 189(4), 190, 191(2), 191(3), 118(1), 351(2) & 324(4) of Bhartiya Nyaya Sanhita(BNS).

According to the prosecution, on the date of incident, which took place on 22.12.2024, the present applicant and other co-accused assaulted the complainant by sticks etc and attempted to commit his murder.

I have heard the learned counsel for the applicant

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Pramod S.Lakare

15-BA-378-2025.doc

and the learned APP for the respondent/State.

The case appears to be of road rage. The applicant was pillion rider on the motorcycle of co-accused Dhiraj Jadhav. He gave dash to the motorcycle of the complainant. As he was asking the said co-accused Dhiraj Jadhav to pay compensation for the damage caused to his motorcycle, it is alleged that he called the other coaccused and assaulted the complainant.

I have perused the injury certificate. It appears that at the time of the alleged accident, the complainant was under the influence of liquor. There are no grievous injuries. The applicant is in jail for about two months. The learned APP submits that the applicant is involved three more crimes for the offence punishable under Section 324 of the Indian Penal Code. However, considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 1329 of 2024 registered at Wakad Police Station, Dist- Pune for the offences punishable under Sections 109(1), 189(2), 189(4), 190, 191(2), 191(3), 118(1), 351(2) & 324(4) of Bhartiya Nyaya Sanhita(BNS), on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the

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Pramod S.Lakare

15-BA-378-2025.doc

like amount.

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

7. Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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Pramod S.Lakare