Shubham Prabhakar Korade v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1788 OF 2024 Shubham Prabhakar Korade ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Kishan Chaudhari a/w. Mr. Rajabhau Chaudhari, Advocates, for the Applicant.
Mr. Shriram S. Chaudhari, APP, for the Respondent-State.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
24th APRIL 2024 PC:- 1.
Not on board. Upon mentioning, taken on board. 2.
Heard Mr. Kishan Chaudhari, learned Counsel for the Applicant and Mr. Shriram Chaudhari, learned APP for the Respondent-State.
3.
The present Bail Application is filed seeking temporary bail for a period upto 28th May 2024 as the Applicant is appearing for 3rd year B.Com examination. The date and timing of the examination are set out in the order dated 22nd April 2024 passed
by the learned Additional Sessions Judge, Pune below Exihibit-50 in Sessions Case No. 40 of 2024. The said details are as under:- Subject Subject Name Type Exam Date Exam Time Code (351)Business Regulatory Framework -I IE 23/04/2024 2:00 p.m. to 4:30 p.m.
(352) Advanced Accounting IE 24/04/2024 2:00 p.m. to 4:30 p.m.
353A (353A) Indian and Global Economic Development -I IE 25/04/2024 2:00 p.m. to 4:30 p.m.
(354)Auditing & Taxation-I IEP 26/04/2024 2:00 p.m. to 4:30 p.m.
355B (355B) Banking and Finance-II (Inclusive of Internship) IEP 27/04/2024 2:00 p.m. to 4:30 p.m.
356B (356B) Banking and Finance -III (Inclusive of Internship) IEP 29/04/2024 2:00 p.m. to 4:30 p.m.
(249)AECC-2 Environmental Awareness IE 18/05/2024 10:00 a.m. to 12:00 p.m.
(233)Business Economics -I (MACRO) IE 24/05/2024 2:00 p.m. to 4:30 p.m.
(235) Elements of Company Law IE 27/05/2024 2:00 p.m. to 4:30 p.m.
4.
The Applicant filed Application bearing Exhibit-37 in said Sessions Case No.40 of 2024 seeking temporary bail for a period upto 28th May 2024. However, the learned Trial Court has rejected the said Application. Thereafter, the Applicant filed further Application bearing Exhibit-50 seeking that he be granted facility to attend his B.Com 3rd year examination to be conducted from 23rd April 2024 to 27th May 2024 with escort. The said Application was allowed. The present Bail Application seeking temporary bail
for a period upto 28th May 2024 is filed mainly on the ground that per day charges of the escort are Rs.10,000/-. 5.
It is submitted that there are about 9 papers and therefore, the entire costs of escort charges are Rs.90,000/-. It is submitted that the Applicant is not in a position to pay such a high charges and therefore, the Applicant is seeking temporary bail for a period upto 28th May 2024.
6.
Mr. Shriram Chaudhari, learned APP strongly opposed the Application. He submitted that the learned Trial Court has already granted relief of attending the said examination with escort. He therefore, submitted that the Application be rejected. However, after taking instructions, he submitted that there are no criminal antecedents against the Applicant.
7.
Mr. Kishan Chaudhari, learned Counsel for the Applicant submitted that the first paper was on 23rd April 2024 and the Applicant has attended the said paper with escort.
8.
This is a case where the Applicant is a young person aged 20 years who is appearing for his 3rd year B.Com examination. In the facts and circumstances, this is a fit case where the Applicant can be released on temporary bail upto 28th May 2024 upon imposing certain conditions.
9.
Accordingly, the Applicant can be enlarged on bail by imposing following conditions. In view thereof, the following order:-
O R D E R
(a) The Applicant -Shubham Prabhakar Korade be released on temporary bail in connection with C.R. No.464 of 2023 registered with the Sinhgad Police Station, District - Pune on his furnishing P.R. Bond of Rs.25,000/- with one or two local sureties in the like amount.
(b) The Applicant is permitted to furnish cash bail surety in the sum of Rs.25,000/- for a period of two weeks in lieu of the surety.
(c) The Applicant shall report to the Sinhgad Police
Station, District - Pune on 30th April 2024, 7th May 2024, 15th May 2024 and 22nd May 2024 between 3:00 p.m. to 4:00 p.m.
(d) The Applicant shall surrender before the jail authorities on or before 4:00 p.m. of 28th May 2024. (e) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
10.
The Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:
2024.04.24 12:24:27 +0530 SONALI MILIND PATIL