Pankaj Mukesh Patil v. State Of Maharashtra

2023:BHC-AS:28263

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1446/2023 PANKAJ MUKESH PATIL ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Satyavrat Joshi i/b. Adv. Shubham Mhatre for the applicant.

Mr. N. B. Patil, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 26, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 326, 324, 323 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) read with Sections 4, 25 of the Indian Arms Act read with Section 37(1)(3) of the Maharashtra Police Act, registered on 25/12/2022 vide C.R. No.1149/2022 with Karad City Police Station, District Satara.

3.

The accusation against the applicant is that he took 1/3

the koyta from accused Vinod and attempted to assault the first informant. The first informant, however, avoided the blow and ran for his life.

4.

Learned APP opposed the application for bail. It is further pointed out that there are criminal antecedents reported against the applicant. Considering the observation of the trial Court in paragraph 5 of the order dated 25/4/2023 it is necessary to impose stringent conditions. 5.

There are in all four accused. The applicant is the accused no.4. The applicant was arrested on 7/1/2023. The investigation is complete. The charge-sheet has been filed. Considering the role assigned to the applicant, further that he is in custody for more than eight months with no possibility of the trial concluding any time soon, I am inclined to enlarge the applicant on bail. In my opinion, the applicant does not appear to be a flight risk. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant - Pankaj Mukesh Patil in connection with 2/3

C.R. No.1149/2022 with Karad City Police Station, District Satara, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount. (c) The applicant shall attend the Investigating Officer of Umbraj Police Station, once in a month every first Sunday of the month between 11.00 a.m. and 1.00 p.m. (d) 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 him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(f) Except for attending the trial and for the purpose of reporting to the Investigating Ofcer, the applicant shall not enter the Karad City after being released on bail, till the trial concludes.

(g) The applicant shall attend the trial regularly. 6.

The application is disposed of.

(M. S. KARNIK, J.) 3/3