Ajinkya Kiran Pardeshi v. State Of Maharashtra

2023:BHC-AS:24911

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.242 OF 2023 AJINKYA KIRAN PARDESHI ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Vaibhav Ugle a/w Mr. Roshan Chavan a/w Mr. Vikas Somawanshi a/w Mr. Shubham Vasekar for the Applicant. Mr. P. H. Gaikwad, APP for the State.

API Hanumant Kale, Khadak Police Station, Pune. ------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 30, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 436, 454, 380, 427 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.130 of 2022 with Khadak Police Station, Pune. The FIR was registered on 10.05.2022. The applicant was arrested on 11.05.2022.

3.

The incident is dated 02.05.2022 and 07.05.2022. The applicant is the accused No.1. There are two accused. The 1/4

accused No.2 is the daughter-in-law of the first informant. There are some matrimonial disputes between the accused No.2 and the complainant's son. It is alleged that the theft took place at the instance of the accused No.2. It is alleged that the applicant stole some of the articles and gold ornaments from the flat and set some articles on fire in the flat.

4.

It is on the basis of the CCTV footage, as the applicant was seen near the premises of the building at the time when the alleged offence took place, that the applicant came to be arrested. There is recovery of the gold ornaments and documents from the accused No.2. A pipe and screwdriver is shown to have been recovered from the applicant. The accused No.2 has been enlarged on prearrest bail. The case is based on circumstantial evidence. There are no criminal antecedents reported against the applicant. The investigation is complete. The charge-sheet has been filed. The applicant is in custody from 11.05.2022 for more than one year and three months with no possibility of the trial concluding any time soon. The applicant will face 2/4

the consequences of the trial. The applicant is enlarged on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Ajinkya Kiran Pardeshi in connection with C.R. No.130 of 2022 registered with Khadak Police Station, Pune shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Khadak Police Station, Pune once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not reside in the area of Khadap Police Station jurisdiction till the framing of the charge except for the purpose of attending the Investigating Officer.

(e) The applicant 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 applicant shall not tamper with evidence. (f) On being released on bail, the applicant shall furnish his contact number and residential address to 3/4

the Investigating Officer and shall keep him updated, in case there is any change.

5.

The application is disposed of.

(M. S. KARNIK, J.) 4/4