CNR MHNS010045312020 Order below Exh.1 in Cri. Bail Application No.1664/2020.
{ Sanket Sunil Chaure and others Vs. State }
This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.
2.Brief facts giving rise to this application can be narrated as follows.
The applicants came to be arrested on 16.11.2020 in Crime No. 613/2020 for the offence punishable under sections 307, 143, 147, 148, 149, 504, 506(2), 427 of the Indian Penal Code, Section 4/25 of the Arms Act and under section 135 of the Maharashtra Police Act registered with Panchavati Police Station, Nashik on the accusation that, on 14.11.2020 at about 1.30 p.m. at Gavali Chawal, Panchavati, Nashik, the applicants/accused and coaccused attempted to murder Pramod Santosh Gavali son of informant by attacking him with sword, iron rod and chopper.
3.The applicants contend that they have not committed any offence as alleged by the prosecution. They are behind bar from the date of their arrest. Investigation is almost completed and the weapons used in the offence are already seized. Now, nothing is to be recovered or discovered from them. Therefore, their further detention is not necessary for the purpose of investigation. They are having permanent place of abode and roots in the society. They are ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, they have prayed for bail pending trial.
4.The respondent State filed its reply and interalia denied all the adverse allegations made by the applicants and reiterated prosecution case. There is primafacie sufficient material on record to show the involvement of the applicants in the commission of the offence. If the accused are released on bail, they may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.
5.Heard learned advocate appearing on behalf of the applicants and learned A.P.P. I have also perused the investigation papers made available by the Investigating Officer. There is a primafacie sufficient material on record to show the involvement of the applicants in the commission of the offence. However, there is no reason to believe that they have committed an offence punishable with death or exclusive life imprisonment. The victim/injured has been discharged from the hospital. Therefore, the question of converting the crime into the serious offence does not arise. In exceptional cases only bail is to be refused. The prosecution failed to show any exceptional ground so as to turn down the bail plea of the applicants. The applicants are behind the bar from the date of their arrest. Weapons used in the offence are already recovered and thus material investigation is already completed. They are ready to cooperate in further investigation and to furnish sufficient surety. They are also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping them behind bar till filing of the chargesheet or conclusion of the trial, when they are ready to furnish surety and ready to abide by the conditions.
Considering the aforesaid facts, I am of the opinion that the applicants have made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.
O R D E R
1 Application is hereby allowed.
2 Applicants Sanket Sunil Chaure and Amol Ghansham Gaikwad be enlarged on bail, in Crime No.613/2020 for the offence punishable under sections 307, 143,147,148,149, 504,506(2), 427 of the Indian Penal Code, Section 4/25 of the Arms Act and under section 135 of the Maharashtra Police Act registered with Panchavati Police Station , Nashik, on furnishing personal bond of Rs.30,000/ each with one or two sureties each in like amount.
3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.
4 They shall not commit similar or any other offence and misuse the liberty granted by this Court.
5 They shall attend the concerned police station on every Monday in between 10 a.m. to 01 p.m. till filing of the chargesheet and cooperate in further investigation.
6 They shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.
( Smt. S.C. Jadhav ) 9th, December, 2020. Additional Sessions Judge 8, Nashik.