Bombay High Court
Roshan Ram More vs State Of Maharashtra on 29 January, 2024
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
30-BA-3334-2023.DOC
2024:BHC-AS:4188
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.3334 OF 2023
Roshan Ram More ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Kuldeep Patil i/b. Ms. Saili Dhuru, Advocates for the Applicant.
Ms. Veera Shinde, APP for the Respondent-State.
Mr. Siddhesh Yashwant More, Police Hawaldar, Mahad M.I.D.C.
attached to Police Station, present.
Mr. Vinod Pandit Pawar, Police Hawaldar, Mahad M.I.D.C. attached
to Police Station, present.
CORAM Madhav J. Jamdar, J.
DATED: 29th January 2024
PC:-
1. Heard Mr. Patil, learned Counsel appearing for the Applicant
and Ms. Shinde, learned APP appearing for the Respondent-State.
2. This regular Bail Application is preferred under Section 439
of the Code of Criminal Procedure, 1973. The relevant details are
as follows:-
1. C. R. No. 55 of 2023
2. Date of Registration of F.I.R. 13/05/2023
3. Name of Police Station Mahad M.I.D.C. Police Station,
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Taluka-Mahad, District-Raigad
4. Section/s invoked 307, 352, 323, 504, 506 of the
I.P.C.,1860 and 3 and 25 of the
Arms Act, 1959.
5. Date of incident 12/05/2023
6. Date of arrest 13/05/2023
7. Date of filing Charge-sheet 25/07/2023
3. As per the prosecution case as reflected in the F.I.R. and the
statements of the witnesses, Darshan Dilip Kalambe residing at
Bhivghar, Post-Mohot, Taluka-Mahad, District-Raigad was having
an order of video shooting and photography at village Mohot,
Taluka-Mahad, District-Raigad. There was some altercation
between the witness-Darshan Dilip Kalambe and the present
Applicant with respect to taking photographs of certain persons.
When the said incident occurred on 12th May 2023 at about 8.30
p.m., the villagers informed said Darshan that the Applicant is in
the habit of consuming liquor and abusing strangers under the
influence of alcohol. Thereafter, at about 10.15 p.m., said Darshan
again questioned the Applicant about the said altercation when the
Applicant was going to his residence at Mohot Patilwadi, Taluka-
Mahad, District-Raigad. Said Darshan along with his friends was
standing at Mohot Patilwadi bus-stop and at that time, said
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Darshan again questioned the Applicant and an altercation broke
out between the Applicant, the witness and his friends. At that
time, the Applicant told said Darshan and his friends to wait at the
said spot and he immediately went to his house on a motorcycle
and brought a gun and fired at said Darshan and his friends.
Sanket Shashikant Kadam and Soham Atmaram Hiradekar were
injured in the said firing.
4. Mr. Patil, learned Counsel appearing for the Applicant
submitted that when the incident in question took place said
Darshan and his friends have started the altercations. They
threatened and instigated the Applicant and therefore, the
Applicant went to his house and brought the gun and fired at
them. He submitted that in fact, the pellets were fired in such a
manner that it did not affect the vital parts of the body. He relied
on the injury certificate which shows that injuries are only on the
legs of the injured.
5. Mr. Patil, learned Counsel appearing for the Applicant on
instruction, further states that the said gun is a licenced weapon of
the Applicant's father used for protecting agriculture and the said
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licence will be surrendered within a period of 15 days from today.
The said statement is accepted.
6. Ms. Shinde, learned APP appearing for the Respondent-State
strongly opposed the Bail Application. She pointed out the
statement recorded under Section 164 of the Code of Criminal
Procedure, 1973 of the witness-Darshan Dilip Kalambe. She
submitted that the Applicant has used the gun as weapon and
injured the two persons and therefore, this is not a fit case for
granting bail.
7. The position on record shows that the incident in question
occurred on 12th May 2023. The Applicant was immediately
apprehended and arrested on 13th May 2023. The Charge-sheet has
been filed on 25th July 2023.
8. The statement of witness-Darshan Dilip Kalambe prima facie
shows that in fact, the said witness and his friends had started the
altercation in question at the relevant time and they instigated the
Applicant. It is true that in the said incident, a gun has been used,
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however, the injuries are not on the vital part of the body and the
injuries are on the legs of the injured.
9. It is an admitted position that the investigation has been
completed and that the Charge-sheet has been filed on 25 th July
2023. There are 31 witnesses as per the Charge-sheet. The trial
will take a considerably long time.
10. There are no criminal antecedents against the present
Applicant.
11. The Applicant does not appear to be at risk of flight.
12. Accordingly, the Applicant can be enlarged on bail by
imposing conditions. In view thereof, the following order:-
ORDER
(a) The Applicant-Roshan Ram More be released on bail in connection with C. R. No.55 of 2023 registered with the Mahad M.I.D.C. Police Station, Taluka- Mahad, District-Raigad on his furnishing P. R. Bond of Rs.25,000/- with one or two sureties in the like Page 5 of 7 30-BA-3334-2023.DOC Sonali amount.
(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(c) The Applicant shall report to the Mahad M.I.D.C. Police Station, Taluka-Mahad, District-Raigad on the first Sunday of every month between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.
(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the evidence and shall not contact or influence the Complainant or any witnesses in any manner.
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(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(g) The Applicant shall surrender his passport, if any, to the Investigating Officer.
13. The Bail Application is disposed of accordingly.
[Madhav J. Jamdar, J.] Signed by: Sonali Patil Designation: PA To Honourable Judge Page 7 of 7 Date: 29/01/2024 19:20:33