Dilip Jagannath Save v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 170 OF 2018 Dilip Jagannath Save ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr.Gajendra Kashinath Jadhav for the Applicant. Smt. Rutuja Ambekar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 2nd FEBRUARY 2018.

P.C.:

1] This is an application filed under section 439 of Cr.P.C. for bail in C.R. No.I-48 of 2017 dated 30th December, 2017 registered with Tarapur Police Station, Palghar for the offence punishable under section 436 r/w. 34 of the Indian Penal Code.

2] Heard the learned counsel appearing for the applicant and the learned APP for the State. Perused the record of investigation. 3] It is the prosecution case that the applicant was having dispute over access to road and therefore the applicant took help of accused no.1 Sadab Khan who was working in the shop of the first informant and set the 1/3

godown/shop of the first informant on fire on 30th December, 2017 at about 4.50 am.

4] It appears from the record that, accused no.1 was an employee of the first informant in his furniture shop. That the applicant due to animosity with the first informant took help of accused no.1 and set the godown of the first informant on fire on the aforesaid date and time. During the course of the investigation the applicant is arrested on 31st December, 2017. It appears from the record that the investigation of the present crime is on the verge of completion and further incarceration of the applicant in jail is not necessary. In view thereof the applicant can be released on bail. Hence the following order;

::ORDER::

(i) The applicant be released on bail in C.R. No.I-48 of 2017 dated 30th December, 2017 registered with Tarapur Police Station, Palghar on his furnishing P.R. Bond of Rs.25,000/- with one or two solvent local sureties in the like amount. (ii) After his release from jail, the applicant shall attend the concerned Police Station every 1st Monday of the month between 10.00 am to 2.00 pm till the conclusion of trial. 2/3

(iii) Applicant shall also attend all dates before the Trial Court. (iv) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(v) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3