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Bombay High CourtBA/1772/2022disposed off

Rahul Chandrakant Lambate v. State Of Maharashtra

2023-01-12Hon'Ble Shri Justice N. R. Borkar2 pages

62-BA-1772-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1772 OF 2022 Rahul Chandrakant Lambate ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Ms. Shubhangi Parulekar for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 12 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. 97 of 2015 registered at Indapur Police Station, Pune for the offences punishable under Sections 302, 307, 323, 504, 143, 147, 148, 149, 120-B of Indian Penal Code and Section 4 r/w. 25 of the Arms Act. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

The learned Counsel for the applicant submits that the Kanchan P Dhuri 1 / 2

62-BA-1772-2022.odt applicant is in jail for more than 7 years. It is submitted that this Court by order dated 14 September 2021 in Criminal Bail Application No. 1263 of 2020 directed the trial Court to conclude the trial within 9 months. It is submitted that trial is still at the stage of framing of charge. 5.

Considering the facts and circumstances of the case and as the motive for the alleged crime is not attributed to the present applicant, I am inclined to release the applicant on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Rahul Chandrakant Lambate be released on bail in Crime No. 97 of 2015 registered at Indapur Police Station, Pune for the offences punishable under Sections 302, 307, 323, 504, 143, 147, 148, 149, 120-B of Indian Penal Code and Section 4 r/w. 25 of the Arms Act on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.02.20 14:26:51 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2