Kalpak Narayan Vaity And ANR. v. The State Of Maharashtra

35 BA-2925-21.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2925 OF 2021 BHARAT DASHARATH PANDIT Date: 2021.10.27 19:47:51 +0530 1] KALPAK NARAYAN VAITY 2] SACHIN NARAYAN VAITY .... Applicants.

V/s THE STATE OF MAHARASHTRA .....Respondent ---- Mr. Ashok Chopra a/w Mr. Rahul Tripathi i/b Shehnaz Shaikh for the Applicant.

Ms. A.A. Takalkar, APP for the Respondent/State. Mr. Sanjay Shinde, Head Constable-1850 (Crime Branch), MiraBhaynder Vasai Virar Commissionerate, present. ---- CORAM: NITIN W. SAMBRE, J.

DATE: OCTOBER 27, 2021 P.C.:- 1] Applicants are seeking regular bail in C.R. No.670 of 2020 registered with Bhaynder Police Station for the offence punishable under Sections 379, 465, 468, 471 read with Section 34 of the Indian Penal Code.

2] Though Applicants have been arrested and chargesheeted, since more than seven months they are behind bars. Investigation in the matter is complete. Though learned APP has claimed that there are criminal antecedents, same appear to be in continuation with present crime. There are no old antecedents which can be independently read than that of the crime in which bail is sought. 1/2

35 BA-2925-21.doc 3] In the aforesaid backdrop, Applicants are entitled to be released on bail.

4] Both the Applicants be released on bail in C.R. No.670 of 2020 registered with Bhaynder Police Station for the offence punishable under Sections 379, 465, 468, 471 read with Section 34 of the Indian Penal Code on executing P. R. Bond in the sum of Rs 25,000/- each with one or more sureties in the like amount. Applicants shall neither influence the witnesses in any manner nor tamper with the evidence. Both the Applicants are directed to attend Investigating Officer till conclusion of trial in the first week of each month of the English Calendar. If the Applicants are found to be involved in similar type of offence, liberty is granted to prosecution to move for cancellation of their bail.

5] Application is accordingly disposed of.

( NITIN W. SAMBRE, J. ) 2/2