Shri. Sandip Maruti Masal v. The State Of Maharashtra

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 560 OF 2015 Sandeep Maruti Masal ... Applicant vs.

The State of Maharashtra ...

Respondent Mr. K.S. Patil, Advocate for the applicant.

Mr. J.H. Ramugade, APP for the State.

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 23rd March, 2015.

P.C.

This Application is moved for bail, as the applicant is prosecuted for the offences punishable under sections 307, 324, 323, 143, 147, 148, 149, 504, 506, 384, 354(B) of the Indian Penal Code and under section 4, 25 of the Arms Act registered at C.R No. 408 of 2014 with Baramati Taluka Police Station. The incident of assault has taken place on 19th December, 2014 at around 10.45 a.m. There was a dispute between the complainant and other group to which the applicant/accused belonged. These two groups quarrelled at the time of community meeting. The applicant/accused and co-accused were armed with deadly weapons and assaulted the complainant and other persons. The complainant has stated that the applicant/accused was holding axe and he assaulted the complainant on the right palm.

2.

The learned counsel for the applicant/accused has submitted that the applicant/accused was taken in custody on 23rd February, 2015 when he appeared for his H.S.C. examination and he is in custody since last one month. The learned counsel further pointed out that the co-accused are granted pre-arrest bail by the order of this Court dated 22nd January, 2015 and 11th March, 2015. He prays for bail. 3.

The learned APP opposed the Application.

4.

The Investigating officer is not present though it is a second date. In view of the submissions of the learned counsel for the applicant that the co-accused were given protection by this Court by granting pre-arrest bail and the applicant/accused is in the jail since last one month and also in view of the role attributed to him, I am inclined to grant bail to the applicant/accused on the following terms and conditions:

O R D E R

1. Application is allowed.

2.

The applicant/accused be enlarged on bail on furnishing P.R. Bond in a sum of Rs.20,000/- with one surety in the like amount.

3.

The applicant shall not commit any offence and shall

not indulge into any criminal activity.

4.

The applicant shall not pressurize the complainant and other persons.

5.

The applicant/accused shall make himself available and attend all the Court dates.

6.

The applicant/accused shall not abscond and furnish his permanent address to the police along with address proof.

7.

Violation of any of the conditions imposed shall amount to cancellation of bail forthwith.

8.

The applicant/accused shall not leave India without the prior permission of the Court.

5.

The Application stands disposed of accordingly. (MRS. MRIDULA BHATKAR, J.)