Keval Pradeep Mahadik v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.568 OF 2016 Keval Deepak Mahadik ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.Ameeta Kuttikrishnan, i/b Ms.S.D.Khot, for the Applicant Mr.D.P.Adsule, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 23rd MARCH, 2016 P.C. :

1.

At the outset, learned counsel for the applicant seeks leave to amend the cause title of the application. Leave granted. Amendment to be carried out forthwith.

2.

Heard learned Counsel for the applicant and the learned A.P.P. 3.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. I-40 of 2016, registered with the Panvel City Police Station, Navi Mumbai for the alleged offences punishable under Sections 364A, 384 r/w 34 of the Indian Penal Code.

2/4 4.

Learned Counsel for the applicant seeks bail on the ground of parity. She submitted that two co-accused - Parag S. Balad and Nilesh R. Sonavane have been enlarged on bail by this Court, vide order dated 11th March, 2016. She submitted that the applicant stands on a much better footing than the co-accused, who have been enlarged on bail. According to her, the applicant was not present at the time, when the complainant made the payment to Nilesh Sonavane, nor was he present in the car, which was driven by Nilesh Sonavane, in which the complainant sat. She submitted that the applicant is only alleged to have accompanied co-accused - Parag, on one occasion to meet the complainant, to see if a settlement could be arrived at between the complainant and Nilesh Sonavane. 5.

Learned APP does not dispute the fact, that the co-accused have been enlarged on bail, by this Court vide order dated 11th March, 2016. He also does not dispute the fact that the applicant was not present at the time when payment was made by the complainant to Nilesh Sonavane. 6.

Perused the order dated 11th March, 2016. Considering the role of the applicant, the applicant is also entitled to be enlarged on bail on the

3/4 following terms and conditions :

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount; (ii) The applicant shall report to the Investigating Officer of Anti Extortion Cell, Crime Branch, Navi Mumbai, on every Friday and Saturday, between 11:00 a.m. to 12:00 noon, till the filing of the charge-sheet;

(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;

4/4 (v) The applicant to cooperate with the conduct of the trial; (vi) 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.

.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

.

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. .

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