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Bombay High CourtBA/2001/2019disposed off

Manish Yogesh Chadha v. The State Of Maharashtra

2021-11-30Hon'Ble Shri Justice Nitin W. Sambre2 pages

909_BA2001_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2001 OF 2019 Manish Yogesh Chadha ...

Applicant Vs.

State of Maharashtra ...

Respondent WITH INTERIM APPLICATION (ST.) NO.17605 OF 2021 WITH INTERIM APPLICATION NO.2670 OF 2021 WITH INTERIM APPLICATION (ST.) NO.8713 OF 2021 IN BAIL APPLICATION NO.2001 OF 2019 Mr. Veerdhaval Deshmukh for Applicant.

Ms. A. A. Takalkar, APP for Respondent-State. CORAM : NITIN W. SAMBRE, J.

DATE :

NOVEMBER 30, 2021 P.C. :

The applicant through letter sent from jail has sought regular bail as against his arrest on December 4, 2017 in Crime No.352 of 2017 registered with Vishrantwadi Police Station, Pune for non-bailable offences punishable under Sections 302, 394, 449, 201 and 34 of the Indian Penal Code.

2.

Having heard Mr. Deshmukh, learned counsel for the applicant appointed by this Court, it is noticed that the case of the prosecution is based on the circumstantial evidence. After the execution of the murder, it appears that the applicant had removed jewellery from the body of the deceased lady and sold the same to a jeweller who had supported the case of the prosecution. The C.C.T.V. footage demonstrates presence of the applicant for sale of the said jewellery after the commission of crime 1/2

909_BA2001_19.doc in question. Apart from the above, applicant was seen loitering in the very same area on the day of commission of crime. After the present offence was committed, the applicant went to Goa and the other offence punishable under Section 406 IPC, being Crime No.231 of 2017 was registered against him on 22.10.2017.

3.

That being so, the applicant's involvement in the offences in question is quite apparent. As such, Application is rejected. However, framing of the charge is expedited.

4.

Liberty to approach before the Court below, once the charge is framed, for grant of the bail is granted.

5.

As a consequence of rejection of the Application, all pending Interim Applications taken out therein are also disposed of. 6.

Since learned counsel for the applicant is appointed by this Court, fees as is admissible shall be paid to him. This Court appreciates the assistance rendered to this Court by learned Counsel for the applicant. (NITIN W. SAMBRE, J.) Minal Parab 2/2