Bombay High Court
Shubham Shamrao Datir vs State Of Maharashtra on 15 December, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:37950
Urmila Ingale 945-ba-3964-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3964 OF 2023
MR. SHUBHAM SHAMRAO DATIR ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
Mr. Mandar Goswami, for the Applicant.
Mr. P. H. Gaikwad, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : DECEMBER 15, 2023
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail in respect of the offence
punishable under sections 302, 212, 120B, 504, 506 read
with 34 of the Indian Penal Code, 1860, sections 4/25 of the
Arms Act and section 142 of the Maharashtra Police Act
registered on 17/08/2023 vide C.R. No.516 of 2023 with
Ambad police station, Nashik.
3. The applicant is the accused no.5. The applicant was
arrested on 19/08/2023.
4. Learned APP opposed the application and submitted
that the material against the applicant is CDR call details
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which shows that the applicant was in contact with the
accused prior to and after the incident as well.
5. The FIR was lodged at the instance of Arun Vairagar
who is an eye-witness to the incident. It is alleged that the
accused persons have assaulted the injured witness who
succumbed to the injuries. So far as the applicant is
concerned, he was admittedly not present at the spot nor
he is the assailant. It is alleged that he called one of his
acquaintance and asked him to hand over the chopper to
one of the co-accused. The complicity of the present
applicant is on the basis of the statement of the witness
Gautam Rajendra Kothawade which is at page 239 of the
paper-book. Prima facie, there is no material to indicate
that the applicant was aware that the chopper was required
to eliminate the deceased. The investigation is complete.
The charge-sheet has been filed. There are no criminal
antecedents reported against the applicant. The applicant
was arrested on 19/08/2023. There is nothing on record to
indicate that the applicant is a flight risk. In the facts and
circumstances of the present case, I am inclined to enlarge
the applicant on bail by imposing conditions. Hence, the
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Urmila Ingale 945-ba-3964-23.doc
following order :-
ORDER
(a) The application is allowed.
(b) The applicant-Shubham Shamrao Datir in connection with C.R. No. 516 of 2023 registered with Ambad police station, Nashik shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant shall attend the investigating officer of Ambad police station, Nashik once in a month on first Monday of every month between 11.00 a.m. and 1.00 p.m.
(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 him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.
(f) Except for attending the trial and for the purpose of reporting to the investigating officer, the applicant shall not enter the the jurisdiction of Ambad police station after being 3/4 Urmila Ingale 945-ba-3964-23.doc released on bail, till the trial concludes.
(g) The applicant shall attend every date of the trial. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
6. The application is disposed of.
(M. S. KARNIK, J.) 4/4 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 16/12/2023 12:54:42