Bhavesh Prakash Hosmani v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by URMILA PRAMOD INGALE Date: 2023.09.02 14:07:52 +0530 CRIMINAL APPELLATE JURISDICTION URMILA PRAMOD INGALE BAIL APPLICATION NO. 980 OF 2023 BHAVESH PRAKASH HOSMANI .. APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Virendra Khot a/w Ms. Sharvi Khot i/b Ms. Swati Khot, for the Applicant.

Mr.S.H.Yadav, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 1, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under sections 394, 170 & 504 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No. 912 of 2022 with Bhoiwada Police Station. The FIR is dated 14/11/2022. The date of the incident is 14/11/2022. The applicant was arrested on 14/11/2022.

3.

The informant is a taxi driver. The informant had parked his 1/3

vehicle and was waiting for the passenger. Two of the accused posed themselves as police officers. They quarreled with the taxi driver. The other accused nabbed the mobile phone and cash from his pocket. I have gone through the injury certificate. No injuries are reflected in the said medical certificate. The applicant is accused no.

1. The accused no. 2 has been enlarged on bail. The trial has commenced. 2 witnesses have been examined. There are in all 16 witnesses. The applicant can be enlarged on bail by imposing conditions as he does not appear to be a flight risk. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Bhavesh Prakash Hosmani in connection with C.R. No.912 of 2022 registered with Bhoiwada Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the trial regularly. (d) The applicant shall report to the investigating officer 2/3

once in a month on every Monday of the first week between 11.00 a.m. and 1.00 p.m.

(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(f) On being released on bail, the applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

(g) The applicant shall not leave the jurisdiction of Mumbai/ Mumbai Suburban District till the trial is concluded.

4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3