Bombay High Court
Hanumant Dhondiba Dombale vs State Of Maharashtra And Anr on 5 February, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:5559
Darshan Patil 23-apeal-342-23.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 342 OF 2023
HANUMANT DHONDIBA DOMBALE ..APPELLANT
VS.
THE STATE OF MAHARASHTRA AND ANR. ..RESPONDENTS
------------
Adv. Ashish Satpute for the Appellant.
Adv. Priyanka H. Chavan for Respondent No.2.
Ms. S.D. Shinde, APP for the State.
------------
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 5, 2024
JUDGMENT:
1. Heard learned counsel for the appellant Shri Ashish
Satpute, learned counsel for respondent No.2 Ms. Priyanka
H. Chavan who was appointed by this Court and learned
APP for the State.
2. This is an appeal for bail in respect of the offence
punishable under Sections 302, 201, 404 of the Indian
Penal Code, 1860, and Sections 3(2)(v) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989, registered on 20/03/2018 vide C.R. No.116 of
2018 with Vadgaon Nimbalkar Police Station, Pune.
Darshan Patil 23-apeal-342-23.docx
3. Learned counsel for respondent No.2 and learned APP
opposed the appeal.
4. The appellant was arrested on 21/03/2018. It is
alleged that the appellant was upset by the fact that the
deceased had made indecent/lewd gestures towards the
wife of the appellant. It is, therefore, alleged that the
appellant killed the deceased - Santosh by giving a blow on
his head with a stone. A motorcycle was recovered from
the appellant which belonged to the deceased. It is alleged
that the body of the deceased was taken on this motorcycle
for disposing of the same into a canal. Learned APP and
learned counsel for respondent No. 2 submitted that the
appellant was last seen in the company of the deceased by
several witnesses. Learned APP requests for expediting the
trial instead of releasing the appellant on bail.
5. The case of the prosecution is based on
circumstantial evidence. I am informed that the charge has
been framed and the prosecution proposes to examine
around 40 witnesses. Learned APP submits that all
witnesses may not be examined. All said, it appears that
Darshan Patil 23-apeal-342-23.docx
the trial is not likely to conclude any time soon. I am not
inclined to expedite the trial considering the workload of the
trial Court. The appellant is in pre-trial custody for more
than 5 years and 10 months. Considering the facts and
circumstances of the present case, I am inclined to enlarge
the appellant on bail as further incarceration will only be by
way of a pre-trial punishment. There are no criminal
antecedents reported against the appellant. The appellant
does not appear to be a flight risk. However, I propose to
impose stringent conditions. Hence, the following order:-
ORDER
a. The appeal is allowed.
b. The appellant- Hanumant Dhondiba Dombale in
connection with C.R. No.116 of 2018 registered with
Vadgaon Nimbalkar Police Station shall be released on
bail on his furnishing P.R. Bond of Rs.15,000/- with
one or more sureties in the like amount.
c. The appellant is permitted to furnish cash bail
surety in the sum of Rs. 15,000/- for a period of 6
weeks in lieu of surety.
d. The appellant shall attend the Investigating
Officer of the concerned police station once in three
months, first Monday of the concerned month,
Darshan Patil 23-apeal-342-23.docx
between 11.00 a.m. and 1.00 p.m., commencing
March 2024.
e. The appellant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing the facts to Court or any Police
Officer. The appellant shall not tamper with evidence.
f. On being released on bail, the appellant shall
furnish his contact number and residential address to
the Investigating Officer and to the trial Court and
shall keep them updated, in case there is any change.
g. Except for attending the trial and attending the
Investigating Officer, the appellant shall not enter
Taluka- Daund, District- Pune, after being released on
bail, till the trial concludes.
h. The appellant shall attend the trial regularly. The
appellant shall co-operate with the trial Court and
shall not seek unnecessary adjournments.
i. The appellant shall surrender his passport to the
Investigating Officer. If the appellant does not have a
passport, the appellant shall file an affidavit before the
trial Court to that effect.
6. The appeal is disposed of.
7. I appreciate the valuable assistance rendered by
Advocate Priyanka H. Chavan, who appeared on behalf of
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respondent No.2 in this proceeding. Her engagement may
be regularized by the Maharashtra State Legal Services
Authority.
(M. S. KARNIK, J.)
