Karan Ramesh Chavan v. State Of Maharashtra

by CHITRA SANJAY SONAWANE Date:

2022.12.12 10:46:37 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1144 OF 2022 Karan Ramesh Chavan.

Aged 23 yrs, Occ:Labour R/o Fatteburuj Naka, Tal-Yeola, Dist-Nashik Presently at Nashik road Central Prison .....Applicant/Accused.

Versus

The State of Maharashtra Through Yeola Taluka Police Station, Tal-Yeola Dist-Nashik ....Respondent.

...

Mr Mahendra Agvekar, Advocate a/w Advocate Shraddha Chavan for the Applicant.

Mr A.R. Kapadnis APP for the State.

...

CORAM : R. N. LADDHA, J.

DATE : 12 DECEMBER 2022.

P.C.:

Heard Mr Mahendra Agvekar, learned Counsel for the Applicant and Mr A.R.Kapadnis, learned Additional Public Prosecutor for the State.

2.

By this application, the Applicant is seeking bail in connection with C.R.No.199 of 2020 dated 1.7.2020 registered at Yeola Taluka Police Station, Nashik, against the Applicant for the offences punishable under Sections 392, 397, 341 r/w Section 34 Page No. 1 of 3

of the Indian Penal Code and 4/25 of the Arms Act. 3.

Mr Mahendra Agvekar, learned Counsel appearing on behalf of the Applicant, submitted that the Applicant has been languishing in jail for more than two years. The learned Counsel for the Applicant submitted that there is no recovery at the behest of the Applicant. It is submitted that there is no material placed on record to link the Applicant with the alleged offence. 4.

Mr Kapadnis, learned Additional Public Prosecutor appearing for the State, submitted that the offence was committed in well-planned design by the accused. The offence is serious. It is submitted that the Applicant was actively involved in the offence that led to the registration of the FIR against the accused persons. 5.

This Court has perused the copy of the charge sheet filed along with the accompanying documents. The Applicant has remained behind bars for more than two years. Nothing was recovered at the behest of the Applicant. The Applicant is just 23 years old. It is admitted position that the Test Identification Parade was not conducted. Admittedly, the Applicant was not apprehended at the spot. The co-accused Mayur Sonawane who was apprehended on the spot was already enlarged on bail. The charge sheet is already filed on 29.8.2020. It appears that two criminal cases are pending against the Applicant, however, that itself can not be a ground to reject the bail application. 6.

In view of the above, the application is allowed in the Page No. 2 of 3

following terms :

a) The Applicant Karan Ramesh Chavan be released on bail in connection with C.R.No.199 of 2020 registered at Yeola Taluka Police Station, on furnishing a P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of the concerned Court.

b)The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses. c) The Applicant shall furnish the permanent address and contact details to the Inspector of Police, Yeola Taluka Police Station and intimate the change, if any.

d)The Applicant shall regularly attend the proceedings before the jurisdictional Court.

7.

All the parties to act on an authenticated copy of this Order. [R. N. LADDHA, J.] Page No. 3 of 3