Bombay High Court
Nathaji @ Navnath Srimant Kalel vs The State Of Maharashtra And Ors on 12 August, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
This Order is modified/corrected by Speaking to Minutes Order dated 23/08/2022
12-BA-1107-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1107 OF 2022
Nathaji @ Navnath Srimant Katel ... Applicant
Versus
State Of Maharashtra And Ors. ...Respondents
.....
Mr. Shailesh S. Kharat, Advocate for the Applicant.
Mr. S.R. Agarkar, APP for the Respondent-State.
Mr. Ashish Raghuvanshi, Advocate for Respondent Nos. 2 ,and 3.
.......
CORAM : PRAKASH D. NAIK, J.
DATE : 12th August 2022.
PER COURT:-
1. The applicant is seeking bail in connection with C.R. No.
380 of 2018 registered with Sinhagad Road Police Station,
Pune for the offence punishable under Section 364 r/w
Section 34 of the Indian Penal Code, under Section 3(25 ) of
the Arms Act and Section 37 (1) r/w 135 of Mumbai Police
Act. The applicant was arrested on 29th August 2018.
2. The case of the prosecution is that the complainant i.e.
Respondent No. 2 was married to Respondent No. 3. It was
inter-caste marriage. The family of the complainant was
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against the said marriage. The brother of the first informant
and the applicant ( cousin of first informant) had allegedly
abducted Respondent No. 3. He was taken in the vehicle.
One of the accused was armed with revolver. The victim was
threatened and assaulted. He registered FIR on 29 th August
2018.
3. The first application for bail preferred by the applicant
was rejected vide order dated 27th November 2019.
Thereafter, second bail application was preferred before this
Court which was allowed to be withdrawn vide order dated
17th August 2021 with directions to the trial Court to make an
endeavour to conclude the trial within a period of six months.
It was further directed that in the event, the trial is not
concluded within stipulated time, the applicant is at liberty to
prefer fresh application for bail.
4. Learned Advocate for the applicant, submitted that the
trial has not commenced, even the charge is not framed. The
applicant is in custody for four years. This Court had granted
liberty by order dated 17th August 2021, to prefer fresh
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application for bail, in the event, the trial is not concluded
within stipulated time. The First Information Report is
lodged by Respondent No. 2. Respondent No. 3 is husband of
Respondent No. 2. Parties have arrived at amicable
settlement. Respondent No. 2 was present in the Court on
the previous occasion. The joint affidavit is filed by
Respondent Nos. 2 and 3 dated 19th April 2022 stating that
the families have settled the issues and there is no objection
for granting bail to the applicant. Separate affidavit has been
filed by Respondent No. 2 ( first informant) stating that she is
not in a position to remain present in the Court and she has
given no objection for granting bail in the joint affidavit filed
by Respondent No. 3. The applicant was granted temporary
bail by Sessions Court by order dated 17 th May 2019 for one
month and again by order dated 11th April 2019 for one
month. There was no misuse of bail granted to him.
5. Learned APP submitted that the previous bail
application was rejected by this Court. The victim was
abducted by the accused. The applicant is cousin of
Respondent No. 2.
6. The report of the trial Court was called for with regard
to the status of the trial. Report dated 28 th July 2022 is
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received by this Court. It is stated that on some occasion the
Advocates for the accused were absent, the application for
bail preferred by the applicant is pending in this Court and
charge would be framed after disposal of the application for
bail.
7. The fact remains that the charge is not framed. The
applicant is in custody from 28th August 2018. The applicant
has filed an affidavit cum undertaking to this Court which has
been affirmed before the jail authorities where he has been
detained. In the said affidavit it is stated that he will not
misused the facilities of bail and abide by all the conditions.
He would not make any attempt to meet and contact by any
means Respondent Nos. 2 and 3. He undertake that he will
not visit the house of Respondent Nos. 2 and 3. He will not
threaten Respondent No. 2 or any other witnesses. The
affidavit is taken on record and marked X for identification.
Applicant was granted temporary bail in the past and there
was no misuse of facility of bail. Respondent Nos. 2 and 3
filed Affidavit dated 12th April 2022 stating that they have no
grievance against applicant and no objection for grant of bail.
The Respondent No. 2 filed separate Affidavit dated 19th April
2022. She is taking post pregnancy treatment and not
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allowed to travel for long distance. Hence, she cannot remain
present in Court. The Advocate for Respondent Nos 2 and 3
submitted that said respondents have no objection for
granting bail to applicant. The applicant is cousin of
Respondent No. 2. Considering above facts, role of the
applicant, bail can be granted to applicant.
ORDER
(i) Bail Application No.1107 of 2022 is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No.380 of 2018 registered with Sinhagad Road Police Station, Pune on executing P.R. Bond in the sum of Rs.50,000/- with one or more sureties in the like amount;
(iii) The applicant is permitted to furnish cash bail in the sum of Rs.50,000/- for a period of six weeks in lieu of surety.
(iv) The applicant shall attend Sinhagad Road Police Station, Pune, once in a week on every Saturday between 11:00 a.m. to 1:00 noon for a period of three months. Thereafter, once in a month of first Saturday between 11:00 a.m. to 1:00 noon till further order;
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(v) The applicant shall not approach Respondent Nos. 2 and 3 and shall not threaten Respondent Nos. 2
and 3 or any other witnesses.
(vi) In the event of breach of conditions, the prosecution and/or Respondents are at liberty to prefer an application for cancellation of bail.
(vii) Bail Application stands disposed of accordingly. Digitally signed by YUGANDHARA YUGANDHARA SHARAD PATIL SHARAD PATIL Date:
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