Bombay High Court
Babil Dharamraj Zanza And Anr vs State Of Maharashtra on 31 January, 2023
Author: N.R. Borkar
Bench: N.R. Borkar
2023:BHC-AS:9889
70-ba-2406-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2406 OF 2022
1. Babil D. Zanza
2. Antim K. Sisodiya ...Applicants
V/s.
The State of Maharashtra ...Respondent.
Ms Anjali Patil for the Applicants.
Mrs. Veera Shinde, APP for the Respondent/State
CORAM : N.R. BORKAR, J.
DATE : 31.01.2023.
P.C. :
1. This is an application under Section 439 of Code of Criminal
Procedure for bail.
2. The applicants came to be arrested in Crime No. 33 of 2022
registered at Talegaon Dhabade Police Station, Pimpri-Chinchwad
for the ofences punishable under Sections 307, 353, 332 and 279
of the Indian Penal Code and Sections 184, 177 and 122 of the
Motor Vehicles Act 1988.
3. I have heard the learned counsel for the applicants and the
learned APP for the respondent - State.
4. According to the prosecution, on 20 January 2022 the
complainant, who was working as Police Sub-Inspector with
Talegaon Dhabade police station, got information to intercept two
suspicious vehicles bearing registration Nos. MP-04-CN-9484 and
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MP-09-WH-1032 which were going towards Pune from Mumbai. It is
alleged that the barricades were thus put on Mumbai Pune
Highway near Urse Toll Naka to intercept the said vehicles. It is
alleged that when the said vehicles reached near Urse Toll-naka,
the complainant and other police personnel tried to stop the said
vehicles. It is alleged that the drivers of the said vehicles, instead
of stopping their vehicles, they hit the barricades by their vehicles
and when police constable Subham Kadam tried to stop one of the
vehicles, the driver of said vehicle with intent to kill him gave dash
to him due to which he was injured.
5. The learned counsel for the applicants submits that the
injured police constable Shubham Kdam was accidentally injured
as all of sudden the car was stopped. It is submitted that even
otherwise the applicants were not the drivers of the said vehicles.
It is submitted that nothing suspicious was found in the vehicles.
The learned counsel for the applicants submits that the applicants
are in jail for more than one year and there are no other criminal
antecedents and thus they be released on bail.
6. On the other hand, the learned APP submits that considering
the nature of ofence, the applicants may not be released on bail.
It is further submitted that the applicants are resident of State of
Madhya Pradesh.
7. Prima facie, the applicants do not appear to be drivers of the
said vehicles. They are in jail for one year. Considering these facts,
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I am inclined to release them on bail. In the result, the following
order is passed.
ORDER
A] Bail Application is allowed.
B] The applicants be released on bail in C.R. No. 33 of
2022 registered at Talegaon Dhabade Police Station,
Pimpri-Chinchwad for the ofences punishable under
Sections 307, 353, 332 and 279 of the Indian Penal Code and Sections 184, 177 and 122 of the Motor Vehicles Act 1988 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two local sureties in the like amount.
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