Samay Vikram Chauhan v. The State Of Maharashtra
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1897 OF 2017 Samay Vikram Chauhan .Applicant Vs.
The State of Maharashtra .Respondent Mr. A. H. Ponda i/b. Mr. A. Raghuwanshi, Advocate, for the Applicant Smt. J. S. Lohokare, APP, for the Respondent - State
CORAM
:
A.S.GADKARI, J.
DATE :
20.12.2017 P.C.
.
This is an Application under Section 439 of Cr. P.C. for bail in CR No. 612 of 2016 registered with Virar Police Station, Taluka - Vasai, District - Palghar under Sections 302, 323, 324, 147, 148, 149 of the Indian Penal Code, under Section 37(1)(iii) r/w Section 135 of the Maharashtra Police Act and under Section 39 r/w 192(1) of the Motor Vehicle Act.
2.
The first information report is lodged by Shri Kamlesh Parshuram Jha, the brother of deceased - Sonu Jha. It is the case of prosecution that on 30.10.2016, the accused No.1 Ratan Jha was assaulting to an unknown boy when the brother of the first informant namely Navlesh Jha tried to pacify the said quarrel, at that time, accused
No. 1 - Ratan Jha assaulted Navlesh with fist and kick blows. That Navlesh, thereafter, went to Virar Police Station to lodge a complaint against accused No. 1 - Ratan Jha. At that time, accused No. 1 - Ratan Jha alongwith other 12 accused persons formed an unlawful assembly and assaulted the deceased - Sonu Jha and other victims with iron rods, hockey sticks and bamboo sticks. In the said assault, the first informant and other witnesses received injuries. As the deceased - Sonu Jha had received serious injuries, he was admitted to Siddhivinayak Multispeciality Hospital at Nalasopara (W). Sonu Jha succumbed to injuries on 16.11.2016 at about 3.35 p. m. After the death of Sonu Jha, police have added Section 302 of the Indian Penal Code to the present crime. During the course of investigation, the Applicant was arrested on 03.11.2016. After completion of investigation, police have submitted charge-sheet on 25.01.2017.
3.
Perused the entire charge-sheet.
The record indicates that the Applicant was a member of the said unlawful assembly at the time of assault on the deceased and other injured witnesses. Prima facie, it appears that accused Nos. 4 & 7 namely Sharafat and Aslam are instrumental in inflicting blows on the vital part of the body of the deceased - Sonu Jha. The role attributed to the Applicant is that he assaulted injured witness with a wooden stick. It
further prima facie appears that there are general allegations made against the Applicant as far as the assault on the witness is concerned. 4.
In view thereof, the Applicant can be released on bail. Hence, the following Order:
(i) Applicant be released on bail in CR No. 612 of 2016 registered with Virar Police Station, Taluka - Vasai, District - Palghar on his furnishing PR bond of Rs. 25,000/- with one or two solvent local sureties in the like amount;
(ii) After his release from the jail, Applicant shall attend the concerned Police Station on every 1st Monday of the month between 11.00 a.m. and 1.00 p. m. till the conclusion of trial; (iii) Applicant shall also attend all the dates before the trial Court;
(iv) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.
5.
Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)