Kirpal Singh @ Bobby Singh Tara Singh Kalani v. The State Of Maharashtra

1 /2BA-122-16-34 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.122 OF 2016 Kripal Singh @ Bobby Singh Kalani vs.The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V.. Gutte for the Applicant.

Smt. Rutuja Ambekar, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 14th October, 2016 P.C.

1.

This is an application under section 439 of the Cr.P.C. for bail in CR No. I-14-2012 dated 13.1.2012 registered with Vartak Nagar Police Station, Thane under Sections 302, 143, 147, 148, 149, 201 of the Indian Penal Code and under Sections 3, 25(1)(A), 27(3) of the Arms Act and under Section 37(1) of the Mumbai Police Act. 2.

The Investigation Officer has filed a detailed affidavit dated 5.10.2016. It is stated in Para 4 of the said affidavit that since the date of the offence the present applicant was absconding for a period of 3 years i.e. from 13.1.2012 to 7.2.2015. The applicant came to be arrested on 7.2.2015. The learned APP on instructions submitted that as the present applicant was absconding, the trial pertaining to the applicant was separated by the trail Court. As far as

2 /2BA-122-16-34 other 11 accused persons are concerned the trial Court has completed the hearing of arguments and the matter is posted for Judgment. As far as present applicant is concerned after his arrest the trial as against him has began and three witnesses have been examined as of today. 3.

In view of the fact that the applicant was absconding for about 3 years and the trail pertaining to the present applicant has to be completed by the trial Court, I am not inclined to release the applicant on bail.

4.

Application is accordingly dismissed.

(A.S.GADKARI, J.)