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Bombay High CourtBA/577/2021allowed

Ashutosh Sharad Misal v. The State Of Maharashtra And ORS.

2022-12-16Hon'Ble Shri Justice N. R. Borkar2 pages

14-ba-577-21.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.01.06 17:21:05 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 577 OF 2021 Ashutosh S. Misal ...Applicant V/s.

The State of Maharashtra and anr.

...Respondents.

Mr. Vanraj R. Shinde a/w. Mr. Uday Nimbalkar for the Applicant. Mrs. Veera Shinde, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

16.12.2022.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.409 of 2019 registered at Indapur Police Station, Pune Rural for the ofences punishable under Section 395 of the Indian Penal Code (IPC) and Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organized Crime Act (MCOC Act).

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent/ State.

4.

The learned counsel for the applicant has placed on record the copy of order passed by the Special Court dated 17 October 2022 below Exhibit- 28 in Special MCOCA Case No. 14 of 2020. By the said order, the learned Special Court granted bail to accused Dinesh S. Sherla 1/2

14-ba-577-21.doc No.1- Sadhu B. Pawar, the alleged gang leader of organized crime syndicate.

5.

I have perused the charge-sheet. In the present crime, more serious role, than the present applicant, is attributed to the accused No.1 to whom the Special Court has granted bail. As regards the present applicant, there are no other criminal antecedents.

6.

Considering the above facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No.409 of 2019 registered at Indapur Police Station, Pune Rural for the ofences punishable under Section 395 of the IPC and Sections 3(1)(ii) and 3(4) of the MCOC Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. C] The applicant shall attend the concerned police station once in a month, i.e., on frst Saturday between 11.00 a.m. and 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2