Bombay High Court
Suresh @ Pinya Bharat Kapse And Anr vs The State Of Maharashtra on 9 December, 2021
Author: M.G. Sewlikar
Bench: M.G. Sewlikar
(1) 905 ba 332.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 BAIL APPLICATION NO.332 OF 2021
1. SURESH @ PINYA BHARAT KAPSE
2. BAPPA @ BAPU RAOSAHEB VIGHNE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicants : Mr. Ghanekar Nilesh S.
APP for Respondents/State : Mr. G.O. Wattamwar
...
CORAM : M.G. SEWLIKAR, J.
DATE : 9th December, 2021
P.C.:-
This is an application under Section 439 of the Cr.P.C. for
releasing the applicants on bail in connection with Crime No.71/2016
registered with Chaklamba Police Station, District Beed under Section 307,
353 read with Section 34 of the I.P.C., under Section 3/25, 3/27 of the Indian
Arms Act and under Section 39(1)/192 of the Motor Vehicles Act.
2. Facts in brief are that the applicants are accused of the offences
under Section 307, 394 read with Section 3/25 of the Indian Arms Act vide
Crime No.65/2016 and under Section 302 read with Section 4/25 of the
Indian Arms Act in Crime No.40/2015. Applicants are accused of committing
murder of one policeman. In both these crimes both of them are absconding.
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(2) 905 ba 332.21
3. The police station got the information that accused-Pinya was to
visit Shirur or Patoda, therefore police laid the trap. Accused-Pinya was found
proceeding on a motorcycle. He was a pillion rider. He was asked to stop but
he did not. Therefore, policemen while overtaking the motorcycle dashed
against the motorcycle of the accused-Pinya. Accused Pinya and the rider fell
down. Police officers went to apprehend them at that time they realised that
applicant no.1-Pinya was holding a country made pistol and he fired in the
direction of the police. But the police officials managed to evade it.
Thereafter, police officers in defence fired at both the accused. Both of them
received gun shot injuries. One of them received gun shot injury on the leg
and the other one sustained injury on thigh. Accordingly, offence under
Section 307 of the I.P.C. came to be registered against both the applicants.
4. Learned counsel Shri Ghanekar submits that the applicants are
alleged to have fired from a country made pistol. From the prosecution story,
it is evident that none of the police officers sustained any hurt because of the
firing from the country made pistol. He submits that, therefore, punishment is
under Section 307 with ten years of imprisonment. Applicants have been
behind the bars since 08.06.2016. Therefore, in terms of Section 436-A of the
Cr.P.C., applicants are entitled to be released on bail.
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5. Learned APP Shri Wattamwar submits that applicants have
criminal antecedents. So many criminal cases are pending against them. He
submits that if applicants are released on bail they are likely to pressurize the
witnesses. He further submits that the trial has started. Instead of releasing
the applicants on bail, the trial Court can be directed to dispose of the trial
within a specified period.
6. Learned counsel Shri Ghanekar in reply submits that in most of
the cases the applicants have been acquitted. In other cases they are on bail.
He further submits that in terms of Section 436-A of the Cr.P.C., applicants are
entitled to be released on bail. Offence in question is not punishable with
death or imprisonment for life. He submits that in case of the offence in
which hurt is not caused offence is punishable with imprisonment extending
up to ten years.
7. On perusal of the record, it appears that the applicants had fired
in the direction of the police officer by the name of Police Naik Kendre. The
officer ducked because of which the bullet did not hit him. Thus, this clearly
goes to show that the Police Naik in whose direction firing was done did not
sustain any injury. Therefore, the punishment for the offence will be ten years
under Section 307 of the I.P.C.
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(4) 905 ba 332.21
8. In terms of Section 436-A of the Cr.P.C., if an accused is under
trial for more than five years, and if trial does not get concluded, such accused
shall be released on his personal bond or on furnishing surety. In the case at
hand, admittedly, the applicants have been in jail since 08.06.2016.
Therefore, today they have completed more than five and half years behind
the bars. Learned APP submits that applicant was in custody in other crime
also.
9. On considering submissions of learned counsel Shri Ghanekar and
Shri Wattamwar learned APP for the State, it is apparent that the applicants
were arrested on 08.06.2016 and till date they are not released on bail which
means they are behind the bars for more than five years. Therefore, by
invoking previsions of Section 436-A of the Cr.P.C. applicants can be released
on bail as they have completed five years of imprisonment as under trial. In
this view of the matter, I am inclined to release the applicants on bail. Hence
the following order is passed:
ORDER
I) Application is allowed.
II) Applicants be released on PR bond of Rs.50,000/- each with one
solvent surety in the like amount each, in connection with Crime No.71/2016 under Section 307, 353 read with Section 34 of the I.P.C., under Section 3/25, 3/27 of the Indian Arms Act and under Section 39(1)/192 of the Motor Vehicles Act registered with ::: Uploaded on - 10/12/2021 ::: Downloaded on - 11/12/2021 04:16:08 ::: (5) 905 ba 332.21 Chaklamba Police Station, District Beed and on condition that applicants shall stay away from Beed District till the disposal of the trial and they are permitted to enter the district only for attending the dates fixed in the trial. . III) These observations are made only for the disposal of this application and the learned trial Court shall not get influenced by these observations and can come to its independent conclusion during trial.
[M.G. SEWLIKAR, J.] mub ::: Uploaded on - 10/12/2021 ::: Downloaded on - 11/12/2021 04:16:08 :::