Ravindra Sitaram Varerkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 329 OF 2019 IN CRIMINAL APPEAL NO. 347 OF 2019 Mr. Ravindra Sitaram Varerkar ... Applicant

Versus

State of Maharashtra ...

Respondents Mr. Nitin Kamble for the applicant.

Mrs. P.P.Shinde, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & PRAKASH D. NAIK, JJ.

DATE :

APRIL 30, 2019 P.C.:

Heard learned counsel for the applicant/original accused no. 8 and learned APP. With their assistance perused the order dated 6/8/2018 passed on Criminal Application No. 910 of 2018 and Criminal Application No. 978 of 2018 978 as also order dated 28/8/2018 in Criminal Application No. 1045 of 2018. 2.

It is not in dispute that by judgment dated 30/5/2018, Special Judge in MCOC Act has exonerated the present applicant of charge under section 302 of IPC. His case therefore, stands on the same footing as that of accused Vishwanath, Dattatraya and 1/3

accused Rajendra who were accused nos. 7, 9 and 11. 3.

The only evidence against them as noticed by this court in its earlier order is the confessional statement of accused no. 6. That statement and observations of the trial court in paragraph 348 and 379 are looked into by the Division Benches of this court in its orders mentioned supra.

4.

The present applicant is behind the bars since 10/6/2010. The appeals are not likely to be heard in near future. We are therefore, inclined to release him on bail on the following terms and conditions :

a) The applicant is directed to be released on bail on his furnishing fresh bail bonds of Rs.50,000/- with one or more solvent securities in the like amount to the satisfaction of the learned Special Judge in MCOCA Special Case No. 10 of 2010 if not required in any other case.

b) The applicant shall furnish his permanent as well as temporary address, if any, as well as his contact numbers. The applicant shall not change his address without prior permission of the Court.

c) The applicant is directed to report to the Crime eBranch on first Monday of every month until further orders. 2/3

d) The applicant shall not leave the country without prior permission of the Court and, in the event he has been issued passport, he shall deposit the same with the Crime Branch. 5.

Application is accordingly allowed and disposed of. (PRAKASH D. NAIK, J.) (B.P. DHARMADHIKARI, J.) 3/3