Akshay @ Akash Anil Jadhav v. The State Of Maharashtra
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1391 OF 2017 Akshay alias Akash Anil Jadhav .Applicant Vs.
The State of Maharashtra .Respondent Mr.S.A.Ghadge, Advocate, for the Applicant Mr.Rajan Salvi, APP, for the Respondent - State
CORAM
:
REVATI MOHITE DERE, J.
DATE :
07.07.2017 P.C.
.
Heard learned counsel for the parties.
2.
By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No.560 of 2016 registered with the Wakad Police Station, Pune, for the alleged offences punishable under Sections 435, 436, 511 r/w 34 of the Indian Penal Code.
3.
Learned counsel for the Applicant states that the Applicant has been falsely
implicated in the said case. He submits that the Applicant is in custody since 28.09.2016 and that investigation is complete and charge-sheet is filed.
4.
Perused the papers.
5.
According to the Complainant - Raju Ashok Pardeshi, the incident took place on 28.09.2016, when he was sleeping in the house at 12.45 p.m. He has alleged that he first smelt something burning and hence, woke up, looked outside the house, and saw that his motor cycle was set on fire. He has alleged that he saw the Applicant and two other co-accused running from the said spot. He has alleged that the Applicant was holding a plastic bottle. Prima facie, it appears that there are witnesses to the said incident, who have seen the Applicant at the spot setting the motor cycle on fire. The Applicant has been in custody since 28.09.2016.
Investigation in the said case is complete and charge-sheet is filed. Accordingly, the Application is allowed and the Applicant is enlarged on bail on the following terms & conditions:- O R D E R (i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(ii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(iii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;
(iv) The Applicant to cooperate with the conduct of the trial;
(v) The Applicant shall file an undertaking with regard to Clauses (ii) to (iv) in the trial Court within two weeks of his release;
(vi) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the Applicant's bail.
6.
The Application is allowed in the aforesaid terms and is accordingly disposed of. 7.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
Parties to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)