Roshan Ali Muharram Ali Dafali v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.172 OF 2020 Roshan Ali Muharram Ali Dafali Applicant versus The State of Maharashtra Respondent Mr.Vincent X D'silva for applicant.

Mr.S.R.Agarkar, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 31st July 2021 PC :

1.

The applicant is arrested on 13th March 2019 in connection with CR No.I-279 of 2019 registered with Shantinagar Police Station, Bhiwandi, District Thane for offences under Sections 436, 381 of Indian Penal Code.

2.

The case of prosecution is that the applicant was employed with factory of complainant. The raw material was kept in the factory. The applicant had committed theft of laptop and while leaving the place set the raw material on fire, which has caused damage and loss to the complainant. Investigation is completed and charge sheet is filed. The applicant is in custody from 13th March 2019.

3.

Learned APP submitted that offence is of serious nature. However, considering the fact that applicant is in custody for substantial period of time and since investigation is complete, further detention is not necessary. Hence, I pass following order :

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ORDER

(i) Bail Application is allowed and disposed of;

(ii) The applicant is directed to be released on bail in connection with CR No.I-279 of 2019 registered with Shantinagar Police Station, Bhiwandi, District Thane, on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (iii) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for eight weeks in lieu of surety; (iv) The applicant shall not tamper with evidence. (PRAKASH D. NAIK, J.) MST