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Bombay High CourtBA/1344/2022disposed off

Mangesh @ Pappu Rajendra Chavan v. State Of Maharashtra

2023-01-24Hon'Ble Shri Justice N. R. Borkar2 pages

39-BA-1344-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN PRASHANT DHURI Date:

2023.03.25 16:38:57 +0530 KANCHAN PRASHANT DHURI CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1344 OF 2022 Mangesh @ Pappu Rajendra Chavan ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Vikas Shivarkar for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 24 JANUARY 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. 296 of 2019 registered at Yavat Police Station, Pune for the offences punishable under Sections 395, 365, 347, 413 r/w. 34 of Indian Penal Code and Sections 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crime Act, 1999. 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 parity. In support of said Kanchan P Dhuri 1 / 2

39-BA-1344-2022.odt ground, the learned Counsel for the applicant has placed on record a copy of the order passed by this Court dated 13 July 2021 in Criminal Bail Application No.445 of 2020. By the said order, this Court granted bail to the co-accused Suraj Laxman Gade.

5.

I have perused the charge-sheet. According to the prosecution, on 28 March 2019, the present applicant and other co-accused committed dacoity, i.e., they intercepted the truck laden with 315 wheat bags and took away the said truck. The allegations against the co-accused Suraj Gade and the present applicant appears to be identical. Considering this fact, I am inclined to release the applicant on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Mangesh @ Pappu Rajendra Chavan be released on bail in Crime No. 296 of 2019 registered at Yavat Police Station, Pune for the offences punishable under Sections 395, 365, 347, 413 r/w. 34 of Indian Penal Code and Sections 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 on furnishing 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 police station, once in a month i.e. on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2