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Surendra v. State Of Maharashtra
Factual and Procedural Background
The opinion concerns an application for bail by an applicant arrested in connection with Crime No. 266/2005 for an offence punishable under Section 307 read with Section 34 of the Indian Penal Code. [1]
The prosecution alleged that, on 4 September 2005 at approximately 11:30 p.m., the applicant assaulted Bhimrao Shende and two other persons, causing serious injuries to Bhimrao. [2] The investigation was complete and the charge-sheet had been filed. [3]
Legal Issues Presented
Arguments of the Parties
Respondent's Arguments
- The prosecution opposed bail, submitting that the First Information Report was lodged immediately after the incident. [4]
- It was further submitted that eyewitnesses had named the applicant and that he was therefore not entitled to bail. [4]
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court noted that the alleged incident occurred at approximately 11:30 p.m. in darkness. [3]
It also considered that Bhimrao had not named anyone in the medico-legal papers and that statements of the other three injured persons were recorded five days after the incident, despite their having been discharged from hospital immediately. [3]
Considering these circumstances, together with the completion of the investigation and filing of the charge-sheet, the Court was inclined to allow the bail application. [3]
Holding and Implications
APPLICATION ALLOWED. The applicant was directed to be released on bail in the event of arrest in connection with Crime No. 266/2005 upon furnishing a bail bond of Rs. 15,000 with one surety for the same amount. [5][6]
The applicant was prohibited from entering Kalmeshwar Tahsil during the pendency of the trial and was required to cooperate with the investigation without influencing witnesses or tampering with evidence. [7][8]
The Court clarified that its observations were purely prima facie and would not influence the learned Sessions Judge. [9] No broader implication or new precedent was stated.
Advocates appeared :
E. W. NAWAB, for Applicant.
A. S. SONARE, APP, for Respondent.
:- This is an application for grant of bail. The applicant has been arrested in connection with the Crime No.266/2005 for the offence punishable under section 307 read with section 34 of the Indian Penal Code.
2. Heard the learned Counsel for the parties.
3. It is the prosecution case that on 4th September, 2005, at around 11.30 p.m., the present applicant assaulted one Bhimrao Shende and two other persons. It is alleged that in the said incident, Bhimrao received serious injuries.
4. Shri. A. S. Sonare, the learned APP vehemently opposed the application. He submits that immediately after the incident, the First Information Report was lodged. He submits that the eye-witnesses have stated the name of the applicant. He, therefore, submits that the applicant is not entitled to be released on bail.
5. The incident is alleged to have taken place at around 11:30 p.m. in the dark and in the medico legal papers, the said Bhimrao has not named anyone. The statements of other three injured persons have been recorded after five days though they were immediately discharged from the hospital. The investigation is complete and the charge-sheet has been filed. I am, therefore, inclined to allow the application.
(1) The applicant is directed to be released on bail in the event of his arrest in connection with Crime No.266 of 2005 registered by the Police Station, Kalmeshwar on furnishing his bail bond of Rs.15,000/- (rupees fifteen thousand only) with one surety of the like amount.
(2) The applicant shall not enter Kalmeshwar Tahsil during the pendency of the trial.
(3) The applicant shall co-operate with the investigation. The applicant shall not in any way make an attempt to influence the witness or tamper with the evidence.
6. The observations made herein are purely prima facie in nature and the learned Sessions Judge would not be influenced in any manner by the observations made hereinabove.
Application allowed.
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