Munna Mahadev Patro v. The State Of Maharashtra
BDPPPS Bharat D.
Pandit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by Bharat D.
Pandit Date:
2021.03.12 14:38:01 +0530 CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.376 OF 2021 Munna Mahadev Patro ...Applicant V/s The State of Maharashtra ....Respondent Mr. Kushal Mor a/w Mayank Sharma for the Applicant. Mr. N.B. Patil, APP for the State.
Mr. Vaibhav D. Saigaonkar, Havaldar, EOW, Raigad, present. CORAM: NITIN W. SAMBRE, J.
DATE: MARCH 10, 2021 P.C.:- 1] In Crime No.12 of 2016, Applicant was chargesheeted. Applicant came to be arrested on 19/10/2016 in the aforesaid crime and I am informed that trial is now transferred from Alibag to Mangaon Court in which charge till date is not framed. 2] According to the learned Counsel for the Applicant, Applicant is an accused in other about 11 crimes excluding the present one. He would urge that in all crimes, except the present one, Applicant is released on bail. By inviting attention of this Court to the order of the Apex Court in Special Leave to Appeal (Crl) No.3106 of 2019, he 1/3
would urge that in similar offences against Applicant, Apex Court has already directed release.
3] In the aforesaid backdrop, contentions are, trial is delayed as no charge is framed till date. Applicant is behind bars for more than four years and he is already released in similar offences by the other Courts.
4] With the assistance of learned APP, I have perused the chargesheet and the allegations against the Applicant. Applicant is chargesheeted for the offences punishable under Sections 420, 409 read with 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999. Maximum punishment provided, if Applicant is convicted, is life imprisonment. 5] Apart from above, nature of offence alleged against the Applicant is having serious financial implications over the economic standard of living of the victims of the Applicant. There appears to be sufficient material on record to prima facie infer involvement of the 2/3
Applicant in the crime in question.
6] In the aforesaid backdrop, in my opinion, no case for bail is made out. Application fails and same stands rejected. Trial Court is directed to expedite the trial as the Applicant is behind bars for more than four years.
( NITIN W. SAMBRE, J. ) 3/3