Bombay High Court
Vaibhav Subhash Choudhari vs The State Of Maharashtra And Anr on 30 January, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:4431
PMB 905.apeal.1356-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1356 OF 2023
VAIBHAV SUBHASH CHOUDHARI ..APPELLANT
VS.
1. THE STATE OF MAHARASHTRA
2. SAGAR NARESH GAIKWAD ..RESPONDENTS
------------
Adv. Anandmaya Dhorde i/b. Adv. Nitin Gaware Patil for the
appellant.
Ms. S. D. Shinde, APP for the respondent No.1-State.
Adv. Sameer Mhatre for respondent No.2.
------------
CORAM : M. S. KARNIK, J.
DATE : JANUARY 30, 2024
ORAL JUDGMENT :
1. Heard learned counsel for the applicant, learned APP
for the State and learned counsel for respondent No.2.
2. This is an appeal for quashing and setting aside the
impugned order below exhibit-5 dated 04.11.2023 rejecting
the bail application passed by the Special Judge, Baramati,
District Pune in connection with FIR bearing C.R. No.581 of
2023 registered with Daund Police Station, Pune Rural,
District Pune for the offences punishable under Sections
143, 147, 148, 149, 323, 324, 326, 504 and 506 of the
Indian Penal Code, 1860 and under Sections 3(1)(r)(s) and
PMB 905.apeal.1356-23.doc
3(2)(va) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (hereafter "Atrocities
Act", for short).
3. The FIR is dated 09.07.2023. The allegation is that on
09.07.2023 at 12.30 a.m. the respondent No.2 was
chitchatting with his nephew. The appellant along with six
unknown persons approached the complainant and had a
forced conversation with him. When the informant
questioned the intention of the appellant, the appellant as
well as the other co-accused assaulted the informant. It is
alleged that the appellant abused the informant in the name
of his caste. It is alleged that the appellant assaulted the
informant and his family members with a wooden log. I
have perused the injury certificates of the informant and his
relatives. The informant's father suffered dislocation of his
shoulder joint. All the other injuries are simple in nature.
4. The appeal is opposed by learned APP as well as
learned counsel for respondent No.2. It is submitted that
apart from the fact that the appellant has brutally assaulted
the informant and other family members and abused the
PMB 905.apeal.1356-23.doc
appellant in the name of caste, the appellant has as many
as four criminal cases registered against him with Shrigonda
Police Station. These criminal antecedents according to
learned counsel for respondent No.2 dis-entitle the
appellant to be enlarged on bail. It is further submitted that
even against the father of the appellant there are as many
as thirteen criminal cases registered with Shrigonda Police
Station for bodily offences.
5. In my opinion the aforesaid criminal antecedents by
itself against the appellant should not be a factor to deprive
the appellant the facility of bail considering that the
appellant is now in custody since 10.07.2023 for a period of
more than six months with no possibility of the trial
concluding any time soon. Learned counsel for the appellant
on instructions submits that the appellant is even willing to
stay outside Daund taluka till such time of the order is
modified by the trial Court. In this view of the matter,
considering that the investigation is complete and the
charge-sheet has been filed, in the facts and circumstances
of the present case further incarceration of the appellant
PMB 905.apeal.1356-23.doc
will only be by way of a pre-trial punishment. The appellant
does not appear to be a flight risk. Hence, the following
order :-
ORDER
(a) The Criminal Appeal is allowed.
(b) The impugned order dated 04.11.2023 passed by
the Special Judge, Baramati, District Pune is quashed
and set aside.
(c) The appellant-Vaibhav Subhash Choudhari in
connection with FIR bearing C.R. No.581 of 2023
registered with Daund Police Station shall be released
on bail on his furnishing P.R. Bond of Rs.25,000/- with
one or more sureties in the like amount.
(d) The appellant is permitted to furnish cash bail
surety in the sum of Rs.25,000/- for a period of 6
weeks in lieu of surety.
(e) The appellant shall attend the Investigating
Officer of Daund Police Station once in a month every
first Monday of the month between 11.00 a.m. and
1.00 p.m.
(f) The appellant shall not directly or indirectly make
any inducement, threat or promise to any person
PMB 905.apeal.1356-23.doc
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.
(g) On being released on bail, the appellant shall
furnish his contact number and residential address to
the Investigating Officer and shall keep him updated,
in case there is any change.
(h) Except for attending the trial in this case or in
any other pending cases after due intimation to the
Investigating Ofcer and for the purpose of reporting
to the Investigating Ofcer, the appellant shall not
enter Daund taluka after being released on bail, till the
trial concludes.
(i) The appellant shall attend the trial regularly. The
appellant shall co-operate with the trial Court and shall
not seek unnecessary adjournments.
(j) It is open for the appellant to move an
application to the trial Court for modifcation of the
condition (h) after a period of six months from today
which application for modifcation shall be considered
on its own merits.
(k) The appellant shall not threaten or intimidate the
complainant or any of the witnesses.
PMB 905.apeal.1356-23.doc
6. The Criminal Appeal is disposed of.
7. I express my gratitude for the able assistance
rendered by the Advocate Sameer Mhatre representing the
respondent No.2 appointed through Legal Aid Services
Authority.
(M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 30/01/2024 19:15:21
