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Bombay High CourtBA/1802/2017bail granted

Ganesh Rajendra Londhe v. The State Of Maharashtra

2017-11-22Hon'Ble Shri Justice A.S. Gadkari2 pages

26 ba 1802-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1802 OF 2017 Ganesh Rajendra Londhe ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Styavrat Joshi i/b Sumant Deshpande for the Applicant. Mr. Vinod Chate, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 22nd NOVEMBER, 2017 P.C.:

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This is an application under Section 439 of Cr.P.C. for bail in C.R. No. 569 of 2016 dated 01.10.2016 registered with Wakad Police Station, District Pune under Sections 365, 395, 397, 323, 504 and 506 of the Indian Penal Code. It is the case of the prosecution that the Applicant along with other accused persons, abducted first informant Mr. Bablu Mohammad Ayub Khan, took him at the river bank, assaulted him and robbed of Rs.5000/- which were kept in his pocket. During the course of investigation, the Applicant came to be arrested on 01.10.2016 and after completion of investigation, the police have submitted charge-sheet.

Perused the charge-sheet.

Apart from first informant, there are three eye witnesses to the present crime, who are corroborating the version of first informant. The first informant Sneha Chavan 1/2

26 ba 1802-17=.doc in his report has stated that one of the co-accused caused injuries on his back with a burning cigarette. The medical certificate issued in favour of first informant, is silent about any such injury caused on the back of the first informant due to burning cigarette. It prima facie appears that version of the first informant is little exaggerated. It is submitted that there are no antecedents at the discredit of applicant.

In view thereof, the Applicant can be released on bail. Hence, the following order:

i) The applicant be released on bail in C.R. No. 569 of 2016 dated 01.10.2016 registered with Wakad Police Station on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. ii) After his release from jail, the applicant shall attend Wakad Police Station once in month i.e. on every first Monday of the month between 10.00 a.m. to 1.00 p.m. and to join the process of investigation. Iii) The applicant shall also attend all dates before the Trial Court. iv) Any two consecutive defaults in complying with the aforesaid conditions, shall attract the provisions of cancellation of bail. v) The Applicant shall not tamper with the evidence and/or pressurize or threaten the prosecution witnesses.

vi) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Sneha Chavan 2/2