Dipesh S/O. Asghariya Bhanushali v. The State Of Maharashtra
Mhi 1 BA-946-15.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 946 OF 2015 Mr. Dipesh S/o. Asghariya Bhanushali...
Applicant vs.
The State of Maharashtra ...
Respondent Mr. A.M.Saraogi, Advocate,for the applicant.
Ms. S.S.Kaushik, APP, for the State
CORAM:
SMT.SADHANA S.JADHAV,J.
DATE : 16th June, 2015.
P.C.
This is an application under Section 439 of Cr.P.C. The applicant herein is arrested on 21.12.2014 in Crime No. 168 of 2014 registered at Aarey Road Police Station. The investigation is completed. The applicant has been charge-sheeted for the offences punishable under Sections 419, 420, 467, 468, 471 read with Section 34 of IPC read with Section 4(a), 5 of Mumbai Gambling Act and Section 66-A of Information Technology Act. The learned Sessions Judge had rejected the said application on 24.4.2015. It appears that the application is principally rejected on the ground that at the time of hearing of the application, IPL Cricket Session was in progress and that there was an apprehension that the applicant, in all probabilities, may misuse the grant of bail. 2.
The learned counsel for the applicant submits that the IPL
Mhi 2 BA-946-15.sxw Matches are over on 24.5.2015. The offences alleged against the present applicant are triable by the Court of Magistrate. That the applicant has been in jail for more than six months and investigation is completed. 3.
Taking into consideration the facts of the case and the submissions advanced across the Bar, the applicant has prima facie made out a case for grant of bail.
O R D E R
(i) The application is allowed.
(ii) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (iii) The applicant be enlarged on cash bail for a period of four weeks from the date of his release.
(iv) The applicant shall report to the concerned police station on four consecutive Sundays and furnish his permanent address, cellphone number, landline number and all other details as required by the investigating agency.
Application is allowed and disposed of.
(SMT.SADHANA S.JADHAV, J.)