Laxman Sampat Waghmode v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 660 OF 2017 Laxman Sampat Waghmode ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPLICATION NO. 351 OF 2017 (FOR INTERVENTION) IN CRIMINAL BAIL APPLICATION NO. 660 OF 2017 Rahul Vilas Chavan ...Intervener

IN THE MATTER BETWEEN :

Laxman Sampat Waghmode ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Kuldeep S. Patil for the Applicant Ms. Rutuja Ambekar, A.P.P for the Respondent-State Mr. S. B. Chandan for the Intervener Police Constable Mr. J. S. Pansare from Yavat Police Station, Pune, is present CORAM : REVATI MOHITE DERE, J.

TUESDAY, 18 th APRIL, 2017 P.C. :

1.

Heard learned Counsel for the parties.

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2.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 68 of 2017 registered with the Yavat Police Station, Pune, for the alleged offences punishable under Sections 307, 143, 147, 148, 149, 337, 294, 323, 504 and 506 of the Indian Penal Code and Section 3(25) of the Indian Arms Act.

3.

Learned Counsel for the applicant seeks bail on the ground of parity. He submits that similarly placed co-accused Nilesh Prakash Chavan has been enlarged on bail by this Court (Croam : Mridula Bhatkar, J.) vide order dated 10th March, 2017 passed in Criminal Bail Application No. 625 of 2017.

4.

Learned A.P.P on instructions of the Officer, who is present in the Court does not dispute the aforesaid. On being asked, she submits that there are no antecedents qua the applicant.

5.

Considering the aforesaid, the applicant in entitled to be enlarged on bail on the ground of parity. Accordingly, the application is 2/4

allowed and 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. 25,000/- with one or two solvent sureties in the like amount;

(ii) The applicant shall attend the concerned Police Station on every Saturday between 10:00 a.m. to 12:00 noon, till the filing of the charge-sheet;

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) The applicant shall not leave India without prior permission of this Court;

(v) The applicant shall inform his latest place of residence and mobile contact number 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; (vi) The applicant to cooperate with the conduct of the trial; 3/4

(vii) The applicant shall file undertaking in the trial Court with regard to clauses (ii) to (vi), within two weeks from the date of his release; (viii) 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 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.

In view of the above order, nothing survives for consideration in the Criminal Application No. 351 of 2017. The same stands disposed of accordingly.

9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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