Bombay High Court
Subhash Selvaraj vs The State Of Maharashtra on 15 January, 2021
Bench: S. K. Shinde
Rane 1/5 BA(ST)-2097-2020 (SR.7)
15.1.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION (ST. ) NO. 2097 OF 2020
Mr. Subhash Selvaraj ...Applicant
V/s.
The State of Maharashtra ....Respondent
*****
Mr. Vinay J. Bhanushali, Advocate for the applicant.
Mrs. Veera Shinde, APP for State.
PSI, Mr. Rahul V. Sonawane, Aarey Police Station
present.
CORAM : Sandeep K. Shinde, J.
Friday, 15.01.2021.
P.C. :
1. Heard.
2. Applicant is seeking his enlargement on bail in
connection with Crime No.51/2010 registered with Aarey
Police Station, for the offences punishable under Sections
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15.1.2021
143, 144, 147, 148, 307, 324 read with Section 34 of the
Indian Penal Code and Sections 4 and 5 of the Indian
Arms Act. On 6th November, 2019 this Court declined to
enlarge the applicant on bail since he was not available for
trial for more than nine years.
3. In the subject crime, applicant was
apprehended on 16.4.2011 and has been incarcerated since
then.
4. Learned Counsel for the applicant would urge
that, co-accused in the subject crime were tried and
convicted for the offences punishable under Sections 307 of
the Indian Penal Code and sentenced to undergo rigorous
imprisonment for two years by the learned Assistant
Sessions Judge vide judgment and order dated 5 th May,
2011. He further submits that, State has not preferred an
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15.1.2021
Appeal against the judgment either for enhancement of
the sentence or otherwise.
5. I have perused the judgment dated 5th May,
2011. The learned Judge in para-2 has observed that, at
the time of the incident, applicant had assaulted, Suresh
on his hand.
6. Learned APP submits that, seperated trial of
the applicant, is scheduled on 11.02.2020 and therefore it
may not be appropriate to release him on bail, in view of
his abscontion from 2010 till April, 2019. Without
addressing the application on merits, however, since
applicant is incarcerated for one year and 8 months i.e.
nearing a sentence term of two years, meted out to co-
accused, I am inclined to grant this application and direct
his release on certain terms and conditions, to secure his
presence for trial. Thus, the following order :
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15.1.2021
ORDER
(i) The applicant arrested in Crime No. 51/2010
registered with Aarey Police Station, he shall be
released on executing PR bond for the sum of
Rs.25,000/- (Rs. Twenty Five Thousand only)
with one or more sureties in the like sum.
(ii) The applicant shall report to the
Investigating Officer as and when called.
(iii) The applicant shall furnish particulars of his
permanent residential address and contact details
to the Investigating Officer within a week.
(iv) Applicant to file an Undertaking before this
Court within seven days from the date of his
release from the jail, that he shall attend every
date of his trial before the learned Sessions Court,
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15.1.2021
and willful default, may call for proceeding for
cancellation of bail.
(v) The applicant shall not tamper with the evidence
or attempt to influence or contact the complainant,
witnesses or any person concerned with the case.
8. The application is accordingly allowed and
disposed of.
9. It is made clear that observations made
hereinabove be construed as expression of opinion only for
the purpose of granting bail and the same shall not in any
way influence the trial in other proceedings.
Digitally
signed by
Neeta Neeta S.
Sawant
S. Date:
Sawant 2021.01.15
17:20:41
+0530
(Sandeep K. Shinde, J.)
