Kalu Uttam Sonwane v. The State Of Maharashtra

by IRESH SIDDHARAM MASHAL Date: 2021.12.02 11:26:09 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1581 OF 2019 WITH INTERIM APPLICATION NO. 1372 OF 2019 IN CRIMINAL BAIL APPLICATION NO. 1581 OF 2019 KALU UTTAM SONWANE ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Veerdhawal Deshmukh for the applicant Mrs. Rutuja Ambekar APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

DECEMBER 1, 2021.

P.C.:

1] Inspite of order dated 23/11/2021 and the earlier order dated 30/10/2021, Investigating Officer from the concerned police station i.e. from Satana Police Station, District Nashik has not assisted the APP in deciding the present application.

2] As such, this Court is constrained to hear the appointed 1/3

counsel Mr. Veerdhawal Deshmukh.

3] Prosecution case against the applicant is based on circumstantial evidence, particularly the extra judicial confession. 4] I am informed that charge against the applicant was framed in 2018 and since then there is no further prosecution in the trial. 5] The fact remains that but for extra judicial confession which is not corroborated by any other piece of evidence, nothing incriminating was seized from the applicant.

6] In the aforesaid background, particularly, weak piece of evidence available on record against the applicant, delay in the trial, case for bail is made out.

(i) Applicant be released on bail in C.R. No. 28/2016 registered with Satana Police Station, District Nashik upon furnishing P.R. bond in the sum of Rs. 15,000/- 2/3

with one or more sureties in the like amount. (ii) Applicant shall neither influence the witnesses nor tamper with evidence in any manner.

(iii) Applicant shall regularly attend the trial, failing which Trial Court will be entitled to initiate proceedings for cancellation of bail.

7] Application stands disposed of.

[NITIN W. SAMBRE, J.] 3/3