Rahul Yallappa Sonkamble v. The State Of Maharashtra Through Nigdi P.S.

Vina Khadpe 9-ba-1280-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1280 OF 2022 Rahul Yallappa Sonkamble ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Ms. Shubhangi Parulekar for the Applicant.

Mr. Amit Palkar, APP for the Respondent - State. .........

CORAM : N.R. BORKAR, J.

DATED : 20 MARCH 2023 P.C. :- 1.

This is an Application filed under Section 439 of Cr.P.C., 1973 for bail.

2.

The applicant came to be arrested in Crime No.491 of 2020 registered with Nigdi Police Station, District Pimpri-Chinchwad, Pune for the offences punishable under Sections 307, 504, 506 r/w 34 of the IPC, Section 3 read with 25 of Arms Act and Sections 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crimes Act, 1999. 3.

I have heard the learned counsel for the applicant and the learned APP for the Respondent-State.

4.

According to the prosecution, on the date of incident, which took place on 20 December 2020, altercation took place between the brother of the complainant and co-accused Prashant Koli, on account of some trivial issue. It is alleged that on account of said dispute, the present applicant and other co-accused had fired gunshots at the complainant and others and attempted to kill them.

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Vina Khadpe 9-ba-1280-2022.doc 5.

During the course of investigation, the alleged crime was found to be committed by organised crime syndicate formed by co-accused Prashant Koli.

6.

I have perused the First Information Report. No overt-act is attributed to the present applicant. The applicant is in jail for more than two years.

7.

The learned APP submits that the applicant is involved in four more crimes. However, considering the overall facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed.

ORDER

(i) The Application is allowed.

(ii) The applicant shall be released on bail in in Crime No.491 of 2020 registered with Nigdi Police Station, District Pimpri-Chinchwad, Pune for the offences punishable under Sections 307, 504, 506 r/w 34 of the IPC, Section 3 read with 25 of Arms Act and Sections 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crimes Act, 1999, on executing P.R. bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station once in a month i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial. (iv) The prosecution is at liberty to file an Application for cancellation of bail if the applicant commits any other offence.

( N.R. BORKAR, J. ) 2 / 2