Bombay High Court
Mayur Sanjay Chavan vs The State Of Maharashtra on 2 May, 2024
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2024:BHC-AS:20171 11-BA-1860-2024.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1860 OF 2024
Mayur Sanjay Chavan ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Ranjit Pawar, Advocate, for the Applicant.
Mr. Shriram S. Chaudhari, APP, for the Respondent-State.
Mr. Devkar, Police Constable, Baramati City Police Station, District-
Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 2nd MAY 2024
PC:-
1. Heard Mr. Pawar, learned Counsel for the Applicant and Mr.
Chaudhari, learned APP 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. 584 of 2022
2. Date of registration of F.I.R. 26/11/2022
3. Name of Police Station Baramati City, District-Pune
4. Sections invoked 307, 323, 504, 506 r/w. 34 of
the Indian Penal Code, 1860
5. Date of incident 25/11/2022
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6. Date of arrest 26/11/2022
7. Date of filing of Charge-sheet 16/02/2023
3. As per the prosecution case, the Informant and one Sanjay
Chavan are neighbours. The Informant's son-Amol and said Sanjay
Chavan's daughter-Dhanashree were in a romantic relationship.
Since 23rd November 2022, the whereabouts of Amol and
Dhanashree were not known. Therefore, the Informant and his
family members were searching for Amol at different places. The
Applicant is the brother of Dhanashree and he is Accused No.1.
The Applicant's mother is Accused No.2. The Accused persons were
under the impression that the family of the Informant was aware
about the whereabouts of Amol and Dhanashree and therefore,
they were repeatedly questioning the Informant and his family. On
25th November 2022, both the Accused arrived at the residence of
the Informant and questioned them about the whereabouts of
Amol and Dhanashree and at that time, the Applicant started
abusing the deceased who was the son of the Informant and
demanded that his sister be brought immediately and in that
scuffle, the present Applicant assaulted the deceased on his head
with a stone and with kicks and fist blows. The Accused No.1-
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mother of the present Applicant assaulted the deceased on his
chest with kicks and fist blows. The deceased was hospitalized and
he succummed to the resultant injuries on 3rd December 2022.
4. It is the contention of Mr. Pawar, learned Counsel for the
Applicant that the alleged assault on the deceased was not
preplanned and premeditated. The incident in question took place
due to a sudden quarrel between the Applicant and Informant on
account of a romantic relationship between the sister of the
Applicant and the brother of the deceased. He submitted that the
investigation is complete and Charge-sheet has been filed. He
further submitted that the Applicant is a young man aged 23 years.
He submitted that there are no criminal antecedents against the
Applicant and therefore, the Applicant be released on bail.
5. On the other hand, Mr. Chaudhari, learned APP for the
Respondent-State strongly opposed the Bail Application. He
pointed out a complaint dated 26th November 2022 lodged by
Amol and Dhanashree stating that the family members of
Dhanashree have threatened them and that they got married on
23rd November 2022. He submitted that the Applicant was all
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along threatening the family of the Informant after Amol and
Dhanashree eloped and thus whereabouts were not known and
therefore, it cannot be said that the incident in question occurred
due to a sudden quarrel. He therefore, submitted that the Bail
Application be rejected.
6. Perusal of the record shows that in the present case, the
incident in question occurred on 25th November 2022, F.I.R. was
lodged on 26th November 2022, the Applicant was arrested on 26 th
November 2022 and, Charge-sheet was filed on 16 th February
2023. There is no progress in the trial and even the charge is also
not framed yet. As per the Charge-sheet, there are 20 witnesses
proposed to be examined by the prosecution. The trial is unlikely
to conclude any time soon and is likely to take a considerably long
time.
7. Prima facie, there is substance in the contention of Mr.
Pawar, learned Counsel for the Applicant that the incident in
question occurred on account of a romantic relationship between
the sister of the Applicant and brother of the deceased. Both of
them have eloped and therefore, the Applicant was insisting that
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his sister should be brought back. Prima facie, the incident in
question occurred in a fit of rage.
8. There are no criminal antecedents against the present
Applicant.
9. Mr. Pawar, learned Counsel for the Applicant states that as
several witnesses are residing in the same locality as that of the
Applicant, the Applicant will therefore not reside within Malegaon,
Taluka-Baramati, District-Pune and that the Applicant will reside at
C/o. Mr. Suresh Yashwant Chavan (Grandfather of the Applicant),
Barhpur, Taluka-Baramati, District-Pune.
10. The Applicant does not appear to be at risk of flight.
11. Accordingly, the Applicant can be enlarged on bail by
imposing conditions.
12. In view thereof, the following order:
ORDER
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(a) The Applicant - Mayur Sanjay Chavan be released on bail in connection with C.R. No.584 of 2022 registered with the Baramati City Police Station, Taluka - Baramati, District - Pune on his furnishing P.R. Bond of Rs.25,000/- with one or two local solvent sureties in the like amount.
(b) The Applicant shall not enter Malegaon, Taluka-
Baramati after being released on bail, except for reporting to the Investigating Officer, if called, and for attending the trial.
(c) 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.
(d) The Applicant shall report to the Baramati Taluka Police Station, Taluka - Baramati, District - Pune once in a month on 1st Sunday of every month between 11:00 a.m. and 1:00 p.m. till the conclusion of the Page 6 of 8 Sonali ::: Uploaded on - 03/05/2024 ::: Downloaded on - 03/05/2024 21:39:13 ::: 11-BA-1860-2024.DOC trial. The Police Inspector of Baramati Taluka Police Station, Taluka - Baramati, District - Pune to communicate details thereof to the Investigating Officer.
(e) 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.
(f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(g) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(h) The Applicant shall surrender his passport, if any, to the Investigating Officer.
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13. The Bail Application is disposed of accordingly.
14. It is clarified that the Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this order.
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