← Library
Bombay High CourtBA/638/2016bail granted

Rupesh Dagadu Parulekar v. The State Of Maharashtra

2016-11-15Hon'Ble Shri Justice Nitin W. Sambre2 pages

ssk 1/2 BA 638/16-15/11/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 638 OF 2016 Rupesh Dagadu Parulekar ... Applicant vs.

The State of Maharashtra ... Respondent Mr. Ganesh Iyer i/by H. G. Meshram, Counsel for the applicant. Ms. S. S. Kaushik, A.P.P. for the State/respondent Coram : N. W. SAMBRE, J.

Date : 15th November, 2016 P.C. :

1.

The applicant is Seeking regular bail in Crime No.65 of 2014 for the offence punishable under Sections 307, 387, 143, 144, 145, 147, 148 and 149 of the Indian Penal Code. 2.

It is not in dispute that the applicant was arrested in Crime No.65 of 2014 only under the provisions of Indian Penal Code. The provisions of MCOC Act are not invoked against him. 3.

Perused the charge-sheet and the material available against the present applicant.

4.

Prima facie it appears that, this is the first crime in which the applicant is involved into. The nature of injuries

ssk 2/2 BA 638/16-15/11/16 suffered by the complainant appears to be simple as is apparent from the injury report.

5.

The charge sheet in the matter is already filed and there is hardly any material on the record, but for few statements which are stereotype in nature involving the applicant. There is serious doubt as to active involvement of the applicant in the crime in question.

6.

In my opinion, no purpose will be served by continuing the detention of the applicant. He be released on the bail on executing P.R. Bond of Rs.50,000/- with one surety in the like amount.

7.

Two consecutive absence of the applicant before the trial Court will entile the learned Sessions Judge to cancel the bail, if so required. Application stands allowed in the above terms. [ N. W. SAMBRE, J.]