Bombay High Court
Harshvardhan B. Godse vs State Of Maharashtra And Anr on 5 March, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:10663
Urmila Ingale 62-apeal-96-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 96 OF 2024
HARSHVARDHAN B. GODSE .. APPELLANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
Mr. Omkar Chitale a/w Ms.Varsha Bhosale, for the appellant.
Ms. Meghna Gowalani, for Respondent No.2.
Ms. Megha Bajoria, APP for the State.
PSI-Sonawane Rakesh, Pawai police station present.
CORAM : M. S. KARNIK, J.
DATE : MARCH 5, 2024
JUDGMENT :
1. This is an appeal for bail in respect of the offence
punishable under sections 302, 34 of the Indian Penal Code
along with sections 3(2)(5) and 6 of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(for short, "the Atrocities Act") registered on 01/08/2023
vide C.R. No.444 of 2023 registered with Powai police
station, Mumbai.
2. There are in all 3 accused. The appellant is the
accused no.3. The appellant was arrested on 06/08/2023.
Urmila Ingale 62-apeal-96-24.doc
3. Learned APP and learned counsel for the respondent
no.2 opposed the appeal.
4. The FIR is registered on 01/08/2023. The date of the
incident is 31/07/2023. The appellant is the accused no.3.
Accused nos.1 and 2 had some grudge against the
deceased Kishor. The materials on record reveal that the
accused nos.1 and 2 decided to get even with Kishor.
Accordingly, they went to one place where Kishor was seen.
The accused nos. 1 and 2 assaulted him with a koyta.
Kishor succumbed to the injuries. The role against the
present appellant is that he was riding the motorcycle on
which one of the assailant was a pillion rider. The appellant
was present at the scene of the offence. But the question is
that whether he shared a common intention with the
accused no.1 in commission of offence. This will be the
subject matter of trial. The appellant is not the assailant.
The appellant was arrested on 06/08/2023 and now in
custody for almost 7 months. The investigation is complete.
The charge-sheet has been filed. In the facts and
circumstances of the present case, considering the role of
the appellant, I am inclined to enlarge the appellant on bail.
Urmila Ingale 62-apeal-96-24.doc
The appellant does not appear to be a flight risk. Hence, the
following order :-
ORDER
(a) The appeal is allowed.
(b) The appellant-Harshvardhan B. Godse in connection
with C.R. No. 444 of 2023 registered with Powai 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
Powai police station once in three months on every first
Monday of the concerned month commencing from April
2024 between 11.00 a.m. and 1.00 p.m.
(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
Urmila Ingale 62-apeal-96-24.doc
Investigating Officer and shall keep him updated, in case
there is any change.
(g) The appellant shall attend the trial regularly. The
appellant shall co-operate with the trial Court and shall not
seek unnecessary adjournments.
5. The appeal is disposed of.
6. I appreciate the valuable assistance rendered by Ms.
Meghna Gowalani the learned Advocate, who appeared on
behalf of respondent No.2 at my request in this proceeding.
Her engagement be regularized by the Maharashtra State
Legal Services Authority.
(M. S. KARNIK, J.)
Signed by: Urmila P. Ingale
Designation: PS To Honourable Judge
Date: 05/03/2024 19:26:59
