Ashish Kamalakar Pednekar v. The State Of Maharashtra

5-BA-1123-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1123 OF 2022 Ashish Kamalakar Pednekar ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Aditya Sharma alongwith Ms. Priya Maurya for the Applicant. Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 8 FEBRUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 245 of 2016 registered at Kharghar Police Station, Navi Mumbai for the offences punishable under Sections 489A, 489D r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

The bail is sought on the ground of prolong incarceration. The learned Counsel for the applicant submits that the applicant is in jail for more than 6 years. It is submitted that the trial is still at the stage of framing of charges and not likely to conclude in near future. It is thus submitted that the applicant may be released on bail. Kanchan P Dhuri 1 / 2

5-BA-1123-2022.odt 5.

The learned Counsel for the applicant in support of submission has placed reliance on the judgments / orders passed by this Court as well as the Hon'ble Supreme Court.

6.

On the other hand, the learned APP for the State submits that the applicant is involved in a serious crime of printing counterfeit currency notes. The learned APP on instructions submits that the applicant is involved 8 more crimes including the crime for the offences of preparing fake SSC, HSC mark-sheets, domicile certificates, caste certificates etc. It is submitted that the applicant therefore may not be released on bail. 7.

The applicant appears to be involved in multiple serious offences. Considering the nature of offences, I am not inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is rejected.

8.

Considering the fact that the applicant is in jail for 6 years, the trial Court shall endevour to conclude the trial as early as possible. In case the trial is not concluded within a period of one year from the date of receipt of copy of this order, the applicant is at liberty to file the application for bail before this Court.

9.

The application is disposed of.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.02.24 14:14:34 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2