Rakesh Mangaldas Gawand v. The State Of Maharashtra

1/3 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1496 OF 2017 Rakesh Mangaldas Gawand ..Applicant.

Vs.

The State of Maharashtra ..Respondent ----- Mr. Ganesh Bhujbal i/b Ashok Misal for Applicant. Mr. S.H. Yadav APP for State.

----- CORAM: A.S. GADKARI, J.

DATE : 14th September 2017.

P.C.

1] This is an application under Section 439 of Cr. P.C. for bail in CR No. 11 of 2016 dated 24.1.2016 registered with Revdanda Police Station, District-Pune under Section 436 of the Indian Penal Code. 2] It is the prosecution case that, the applicant committed a mischief thereby caused fire to the fishing net of the first informant in the wee hours of 21.1.2017. After completion of investigation, police have submitted chargesheet.

2/3 3] A bare perusal of the chargesheet would reveal that apart from fire/loss caused to the nylon fishing net, there is no other damage or loss caused to the other property of the first informant. It appears that there are no antecedents at the discredit of the applicant. In view thereof, further incarceration of the applicant in custody is no more necessary. 4] In view thereof, this Court is of the view that, the applicant can be released on bail by putting following conditions. Hence the following Order:

(i) The applicant be released on bail in CR No. 11 of 2016 registered with RevdandaPolice Station, on on his furnishing PR bond of Rs.20,000/- with one or two solvent local sureties in the like amount.

(ii) After his release from the jail, the applicant shall attend the Khed Police Station once in month i.e. on every 1st Monday of the said month between 11.00 a.m. to 2.00 p.m. (iii) The applicant shall also attend all the dates before the Trial Court.

(iv) Any two consecutive defaults in complying with the aforesaid conditions, shall attract the provisions of cancellation of bail.

3/3 (v) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(vi) Criminal Application is allowed in the aforesaid terms. (A.S. GADKARI,J.)