Pradip Devidas Pardhe v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 486 OF 2016 Pradip Devidas Pardhe ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Priyal G. Sarda for the Applicant Mr. Arfan Sait, A.P.P for the Respondent-State API Mr. S. S. Panmand from Nigadi Police Station, Pune City, is present CORAM : REVATI MOHITE DERE, J.
TUESDAY, 5 th APRIL, 2016 P.C. :
1.
Heard learned Counsel for the applicant and the learned A.P.P for the State.
2.
By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 528 of 2015 registered with the Nigadi Police Station, Pune, for the alleged offences punishable under Sections 307, 143, 144, 147, 148, 149, 427, 120B of the Indian Penal Code and under Section 37(1) r/w 135 of the Bombay Police Act and under Section 3 of the Public Property Act and under Section 7 of the Criminal Law Amendment Act. 1/4
3.
The applicant was arrested in connection with the aforesaid C.R on 28th October, 2015. Vide order dated 17th March, 2016, this Court had granted temporary bail to the applicant, as the applicant was supposed to appear for his First Year B.A Final examination for the year 2015-2016 from 26th March, 2016 to 4th April, 2016 and as such, he is currently on temporary bail.
4.
The incident in question has taken place on 27th October, 2015. According to the complainant Jitendra Sonpetkar, who is also an injured witness, on 27th October, 2015 at 9:15 p.m, the applicant along with others came on 3 to 4 motorcycles and started damaging four wheelers and two wheelers and in the process, even assaulted the complainant with a wooden stick on his nose. Accordingly, a complaint was lodged as against unknown persons and one Vishal Ramesh Mate, who was arrested on the spot. In the said case, the applicant and others have damaged four wheelers and two wheelers. The complainant has received one injury on his nose. Charge-sheet has been filed in the said case. 2/4
5.
Considering the same, the applicant is enlarged on bail on the following terms and conditions :
ORDER
(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount; (ii) The applicant shall attend the concerned Police Station on the first Saturday of every month between 10:00 a.m. to 11:00 a.m for a period of 12 months from the date of the order; (iii) The applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(iv) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;
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(v) The applicant to cooperate in the conduct of the trial; (vi) An undertaking to the aforesaid clauses (ii) to (v) shall be filed by the applicant, in the Trial Court, within two weeks after his release;
(vii) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail.
6.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
7.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 8.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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