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Bombay High CourtBA/1682/2017bail granted

Nitin Chandrakant Jadhav And ORS v. The State Of Maharashtra

2017-08-16Hon'Ble Shri Justice T.V. Nalawade3 pages

1 61) ba1682-17.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1682 OF 2017 Nitin Chandrakant Jadhav & Ors.

..Applicants.

V/s.

State of Maharashtra ..Respondent.

Mr.Dilip B. Shinde for the Applicant.

Mr.A.P. Palkar, APP for the Respondent-State. CORAM : T.V.NALAWADE, J.

DATED : 16 AUGUST 2017 P.C.:- This application is filed for bail for C.R. No.135/2016 for the offence punishable under sections 363, 364A, 387, 506 read with 34 of the IPC and section 3 and 25 of the Arms Act registered with Walchandnagar police station, Pune. Heard both the sides. The papers of investigation are made available for perusal. 2.

There are allegations against the present Applicants and

2 61) ba1682-17.doc the main accused Ashok Sapkal that on 8 May, 2017 three persons forcibly took Dattu Sawant and Sunil Kadale with them as there was some dispute over making payment of commission which was to be given to Ashok in transaction made with Ghishulal Jain. The present Applicants and the accused were found that 34 cartridges and 4 magazines with them.

2.

The papers show that the Applicants had no criminal antecedents and there is no offence registered against them. The offence is under sections 363, 364A, 387, 341, 506 read with 34 of the IPC and section 3 and 25 of the Arms Act. This Court holds that it is not desirable to detain the Applicants till the decision of the case which is filed against the Applicant. The main accused is still behind the bars. In the result, the application is allowed. (i) The Applicants be released on their executing P.R. bonds in the sum of Rs.50,000/- by each of them with one or more solvent sureties in the like amount;

(ii) They shall not tamper with the prosecution witnesses. They

3 61) ba1682-17.doc shall not commit similar offence;

(iii) The Applicants shall not enter the Tahsil of Indapur, except for attending the case which is filed against them in Baramati Court;

(iv) They shall report to the Walchandnagar police station before entering the Tahsil even for attending the Court. (T.V.NALAWADE, J.)