Umesh Rambharose Chaurasiya @ ... vs The State Of Maharashtra
2021 Latest Caselaw 1675 Bom

Shambhavi                                                                             7-IA-4170-
N. Shivgan                                2020.odt

Digitally signed by
Shambhavi N.
Shivgan
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2021.01.25
15:36:04 +0530
                            CRIMINAL APPELLATE JURISDICTION

                           INTERIM APPLICATION (ST) NO.4170 OF 2020
                                               IN
                                  CRI. APPEAL NO.144 OF 2020

                      Umesh R. Chaurasiya @ Rathod                ... Applicant
                           Vs
                      The State of Maharashtra                   ... Respondents
                                               ...

                      Mr. Imran Sheikh & Ruby Shaikh for the Applicant.

                      Mrs. Sharmila Kaushik, APP for the Respondent-State.

                      PSI Anande D.B. attached to Chunabhatti Police Station
                      present.

                                CORAM : SANDEEP K. SHINDE J.
                                DATE :   25th JANUARY, 2021.


                      P.C. :

                                Pending     appeal,     applicant        is    seeking       bail.

                      Applicant was convicted vide judgment and order dated 4 th

                      January, 2020 in Sessions Case No.184 of 2018                       by the

                      Additional Sessions Judge, City Civil & Sessions Court,

                      Greater   Bombay      and      sentenced      to        sufer     rigorous

                      imprisonment for three years for the ofence punishable


                      Shivgan                                                                 1/3
                                                              7-IA-4170-
                     2020.odt
under Section 379 of the Indian Penal Code, 1860 and to

pay fne of Rs.500-- in default to sufer simple imprisonment

for three months and for the ofence punishable under

Section 328 of the IPC, he has been sentenced to undergo

rigorous imprisonment for four years and to pay fne of

Rs.1,000-- in default to sufer simple imprisonment for three

months.

2           Till date, applicant has undergone sentence of

one year.

3           I have perused the evidence of P.W.5 (taxi driver)

and Dr. Vivek Solapure (P.W.9) attached to Fortis Hospital,

Mulund.

4           Evidence of Dr. Solapure not even remotely

suggests that the victim when brought to the hospital, was

under     intoxicating    state      or   his    medical   examination

including    blood       test    suggest        that   somebody       had

administered      poison        or    stupefying,      intoxicating       or

unwholesome drug with intent to cause theft. Doctor's

evidence suggests, his VCG, CT Scan and blood test were


Shivgan                                                               2/3
                                                                      7-IA-4170-
                           2020.odt
normal.

5              P.W.5      is    taxi   driver,      who        had    allegedly

brought-taken patient-injured to the hospital. Evidence of

P.W.5       does    not    suggest     that      the    injured-victim       was

administered any poison or stupefying, intoxicating or

unwholesome drug with intent to cause theft.

6              In   consideration      of     the      facts   of    the   case,

application is allowed and he directed to be released on bail

and hence, the following order:

                               ORDER

(i) Pending appeal, applicant is directed to be released on

bail with fresh bonds on the same terms and conditions as

while he was granted bail pending trial.

7 Application is allowed and disposed of.

                                            (SANDEEP K. SHINDE, J.)




Shivgan                                                                      3/3