Kishor Tejrao Wayal And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.550 OF 2022 Kishor Tejrao Wayal and Anr.

... Applicants Vs The State of Maharashtra ... Respondents ...

Mr. Ajit B. Chormal for the Applicant.

Mr. M.G. Patil , APP for the Respondent-State. PSI V.S.Jadhav, Shirur P.Stn, Pune Rural present. CORAM : SANDEEP K. SHINDE J.

DATE : 15 th NOVEMBER, 2022.

P.C. :

Applicants, allegedly committed offence of lurking house-trespass and committed theft of ornaments worth Rs.10,15,000/-. Theft property, worth Rs.8,05,000/- was recovered from accused no.4, purchaser of theft property. It was allegedly sold by the applicants to accused no.4 through, accused no.3. Investigation in the crime is over and the charge-sheet has been filed. It is argued that Shivgan 1/3

the trial is not likely to commence in near future and, therefore, applicant may be granted bail.

Application is opposed by the learned Assistant Public Prosecutor contending that offences are serious in nature and punishable with imprisonment, which may extend to 10 years. The learned APP also pointed out that offences of similar nature were registered against, both the applicants.

Crime chart submitted by the prosecution indicates that both the applicants, have committed more than eight crimes of similar nature. It shows, their propensity to indulge into similar acts. In that view of the matter and fact that the offence under Section 454 of the Indian Penal Code, 1860 is punishable with imprisonment which may be extended upto ten years, I am not inclined to release the applicants on bail. However, the trial in Regular Criminal Case No.425 of 2021 pending before the 3rd Judicial Magistrate, First Class, Pune is expedited. The Shivgan 2/3

learned Magistrate shall make an endeavour to conclude the trial within six months from today. In case, the trial is not concluded within that time, applicants may renew their request for enlargement on bail before the trial Court. Whereupon trial Court shall decide the application in accordance with law.

Application is disposed of in aforesaid terms. (SANDEEP K. SHINDE, J.) Shivgan 3/3