Bombay High Court
Pawankumar Satyamsahu Gupta vs The State Of Maharashtra on 12 August, 2021
Bench: S. K. Shinde
15-BA-1762-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1762 OF 2020
Pawankumar S. Gupta ... Applicant
Vs
The State of Maharashtra ... Respondents
...
Mr. Deepak K. Pradhan for the Applicant.
Mr. H.J.Dedhia, APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : 12th AUGUST, 2021.
P.C. :
Heard.
2 Applicant was cited as absconding accused no.5
in the Sessions Case No.320 of 2015, which arose from
Crime No.556 of 2015 registered with M. Phule Chowk Police
Station, Kalyan, District: Thane for the ofences punishable
under Sections 307, 120B read with Section 34 of the Indian
Penal Code, 1860 and Sections 3 and 25 of the Indian Arms
Shivgan 1/4
::: Uploaded on - 12/08/2021 ::: Downloaded on - 13/08/2021 06:20:30 :::
15-BA-1762-2020.odt
Act. In all seven accused were tried in the Sessions Case
No.320 of 2015; wherein accused no.1 came to be
convicted for the ofence punishable under Section 307
read with Sections 7 and 27 of the Indian Arms Act and
sentenced to sufer imprisonment for life. That since the
applicant was absconding accused, vide order dated 4 th
August, 2018, his trial was separated. Later, applicant was
apprehended on 19th June, 2019 and Supplementary
charge-sheet has been fled against him.
3 It is contended that trial may not commence in
near future and that applicant's presence for the trial can
be secured by imposing suitable conditions and, therefore,
applicant may be granted bail.
4 Application is opposed by Mr. Dedhia, the learned
Additional Public Prosecutor for the State, by pointing out
criminal antecedents against him and his absconsion.
Shivgan 2/4
::: Uploaded on - 12/08/2021 ::: Downloaded on - 13/08/2021 06:20:30 :::
15-BA-1762-2020.odt
5 I have perused the judgment passed in the
Sessions Case No.320 of 2015. Wherefrom it appears that
the applicant had allegedly supplied fre-arm to the accused
no.1. So far as the criminal antecedents are concerned,
ofences were registered against him in 2013 and 2014 and
no crime has been registered in the recent past. In
consideration of the role attributed to the applicant, as
observed by the learned Sessions Judge and in view of the
fact that, applicant is in custody since more than two years,
in my view, case is made out for releasing the applicant on
bail.
6 Application is granted. Hence, the following order:
ORDER
(i) The applicant in Crime No.556 of 2015 registered
with M.Phule Chowk Police Station, Kalyan, Dist; Thane
Shivgan 3/4
15-BA-1762-2020.odt
shall be released on executing PR bond for the sum of
Rs.25,000/- with one or more sureties in like sum.
(ii) Applicant shall report to the concerned police station
twice a month, i.e., 2nd and 4th Monday of each month
commencing from September, 2021 between 11 a.m. to 1
noon till the conclusion of the trial.
7 Application is allowed and disposed of in the
aforesaid terms.
8 It is made clear that observations made here-in-
above be construed as expression of opinion for the
purpose of bail only and the same shall not in any way
influence the trial in other proceedings.
(SANDEEP K. SHINDE, J.)
Shivgan 4/4
