2014 ALL MR (Cri) 5173


Sunil Shankar Khandekar Vs. The State of Maharashtra

Criminal Bail Application No.1429 of 2013

23rd September, 2013

Petitioner Counsel: Mr. NITIN SEJPAL, Ms. POOJA BHOJNE
Respondent Counsel: Mr. RAJESH MORE

Criminal P.C. (1973), S.437 - Bail - Offence of attempt to murder - Complainant sustained simple injuries and discharged from hospital - That apart, co-accused already released on bail - Contention of prosecution that said co-accused is HIV positive and hence applicant cannot be granted bail on basis of his release - Co-accused is also a history sheeter against whom 15 to 16 cases are pending - Merely because he is HIV positive and applicant is not, bail cannot be refused - Applicant released on bail. (Para 4)


JUDGMENT :- Heard learned Counsel for the respective parties.

2. The applicant, who has been arrested on 14.04.2013 in Crime No. 239 of 2012 registered at Tilak Nagar Police Station for offence punishable under Section 307 r/w Section 34 of the I.P.C. has filed the present application for bail.

3. As per the case of the prosecution, on 12.10.2012 at about 19.00 hrs, the applicant alongwith others assaulted one Rakesh Prabhakar Shishupal with sharp weapon. It is alleged that Sharad Khandekar assaulted with the sharp weapon on the head of Rakesh Shishupal, whereas, present applicant assaulted him with sharp weapon on his neck. Others who were alongwith the applicant also assaulted Rakesh. Though, the first informant has sustained injuries, they are all simple injuries and he has been already discharged from the hospital.

4. The said Sharad Shankar Khandekar, co-accused who is the brother of the present applicant has been already released by the Addl. Sessions Judge in bail application no. 2438 of 2013. The learned A.P.P. has submitted that the said co-accused was suffering from HIV and against the present applicant there are about 15 cases pending in different courts. It is seen from the order dated 21.01.2013 passed by the learned Additional Sessions Judge, said Sharad Khandekar is also a history sheeter. There are 15-16 cases pending against him. Merely because, the said co-accused is HIV positive and present applicant is not suffering from said infection that cannot be a ground for refusing bail to the present applicant. In my view, the present applicant is now entitled to be released on bail.

5. In the result, the application is allowed.

The applicant shall be released on bail in Crime No. 239 of 2012 upon execution of P.R. Bond in the sum of Rs.30,000/- with one or two solvent sureties in the sum aggregating to Rs.30,000/- on the condition that he shall not tamper with the prosecution witnesses.

6. Application stands disposed of accordingly.

Application allowed.