Chandrakant Sakharam Khude v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.609 OF 2015 Chandrakant Sakharam Khude ..Applicant

Versus

The State of Maharashtra ..Respondent ....

Mr.Nitin B. Kamble, Advocate for the Applicant. Ms. Veera Shinde, APP, for the Respondent - State. ....

CORAM : A. R. JOSHI, J.

DATE : 8th MAY, 2015 P.C.

1.

Heard learned Counsel for the applicant. Also heard learned APP for the State.

2.

This is an application for regular bail in the matter of Crime No.40 of 2015 registered with Faraskhana police station, Pune for the offences punishable under Sections 395, 448, 452 and also offences of rioting and also under some sections under the Arms Act and Bombay Police Act. According to the complainant, his house was ransacked and the property was destroyed and a sort of commotion was created by the mob of more than 30 to 40 people in which according to the 1 / 3

complainant present applicant was also one of the members of said unlawful assembly. The main role is assigned to one coaccused by name Sagar as due to his some act earlier done there was initiation of this commotion. General allegations are made in the complaint against the present applicant and most of the accused persons, the members of the mob regarding ransacking the property of the complainant and also other public property on the road like vehicles etc.. No specific particular role is assigned to the present applicant and till date there is no recovery at the instance of the present applicant thought the incident happened on 22.2.2015. The applicant is arrested on the very next date and since then he is in custody. 3.

Considering the allegations and considering that no recovery at the instance of the present applicant and even no recovery at all from any of the accused regarding stolen gold chain of the complainant, in the opinion of this Court the present applicant can be released on bail on certain conditions as to secure his presence during the trial and to ascertain that he shall not tamper with the prosecution witnesses. Hence, the order :

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:: O R D E R ::

[i] The applicant shall be released on bail on his executing a PR bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) with one or two sureties for the like amount;

[ii] After availing the bail, as above, the applicant shall attend the concerned police station on every Monday between 10:00 a.m. to 12:00 noon, till filing of the charge-sheet;

[iii] The applicant shall not directly or indirectly try to influence the prosecution witnesses and tamper with the prosecution evidence;

[iv] Criminal Bail Application is disposed of accordingly. ( A. R. JOSHI, J.) Deshmane (PS) 3 / 3