Kishor Shivram Gade v. State Of Maharashtra

2023:BHC-AS:24728

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.441 OF 2023 KISHOR SHIVRAM GADE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. A. B. Jagtap for the applicant.

Ms. Veera Shinde, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 29, 2023.

P.C. :

1.

Heard learned counsel for the applicant.

2.

Learned APP for the State opposed the application. 3.

This is an application for bail in respect of the offence punishable under Sections 394, 397, 452 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.629/2021 with Lonikand Police Station, Pune. 4.

Brief it is the allegation that the applicant entered the house of the injured witness and in the pretext of asking for a glass of water assaulted the witness with a knife and snatched the gold chain on her person and fled away. The applicant was caught hold by the watchman and other 1/3

neighbours and beaten. The applicant was admitted in the hospital.

5.

So far as the injured witness is concerned, the injuries suffered by her are simple in nature as per the medical report. The knife and the gold chain were seized from the applicant by the watchman and neighbours of the injured witness.

6.

The applicant was arrested on 8/12/2021 and now is in custody for 18 months with no possibility of the trial concluding any time soon. The investigation is complete. The charge-sheet has been filed. There are no criminal antecedents reported against the applicant. In my opinion, the applicant does not appear to be a flight risk. In the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail by imposing stringent conditions. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Kishor Shivram Gade in connection with C.R. No.629/2021 with Lonikand Police Station, Pune, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- 2/3

with one or more sureties in the like amount. (c) The applicant shall attend the Investigating OfÏcer of Lonikand police station, Pune, twice a month i.e. on 1st and 3rd Monday of every month between 11.00 am and 1.00 pm. (d) 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 OfÏcer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.

7.

The application is disposed of.

(M. S. KARNIK, J.) 3/3