Ankush Sidram Kamble v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1890 OF 2017 Ankush Sidram Kamble ... Applicant V/s.

The State of Maharashtra ... Respondent WITH BAIL APPLICATION NO. 1684 OF 2017 Ankush Sidram Kamble ... Applicant V/s.

The State of Maharashtra ... Respondent WITH BAIL APPLICATION NO. 1685 OF 2017 Ankush Sidram Kamble ... Applicant V/s.

The State of Maharashtra ... Respondent WITH BAIL APPLICATION NO. 1777 OF 2017 Ankush Sidram Kamble ... Applicant V/s.

The State of Maharashtra ... Respondent WITH BAIL APPLICATION NO. 1891 OF 2017 Ankush Sidram Kamble ... Applicant V/s.

The State of Maharashtra ... Respondent ----- 1/5

Dr. Suresh Mane for Ms.Swati Lade for Applicant. Mr. S.S. Hulke, APP for the Respondent/State in BA 1890/2017 & 1777/2017.

Mr. A.A. Palkar,APP for State in BA Nos.1684/2017, 1685/2017, 1891/2017.

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

DATE : 21st NOVEMBER 2017 P.C.:

1] By the aforesaid applications under Section 439 of Cr. P.C. the applicant is seeking bail in following crimes registered with Sadarbazar Police Station, Solapur:

(i) Bail Application No.1890/2017 in CR No.131/2017 dated 4.3.2017 under Sections 387, 420, 467, 468, 471 r/w 34 of the Indian Penal Code.

(ii) Bail Application No.1891/2017 in CR No.132/2017 dated 4.3.2017 under Sections 387, 420, 467, 468, 471 r/w 34 of the Indian Penal Code.

(iii) Bail Application No.1684/2017 in CR No.125/2017 dated 1.3.2017 under Sections 387, 420, 467, 468, 471 r/w 34 of the Indian Penal Code.

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(iv) Bail Application No.1685/2017 in CR No.127/2017 dated 2.3.2017 under Sections 387, 420, 467, 468, 471 r/w 34 of the Indian Penal Code.

(v) Bail Application No.1777/2017 in CR No.129/2017 dated 3.3.2017 under Sections 387, 420, 467, 468, 471 r/w 34 of the Indian Penal Code.

2] It is the prosecution case that, the principal accused namely Akash Tambe in connivance with other accused persons and in particular co-accused Hirachand Jadhav, prepared bogus documents pertaining to revenue record and sold various landed properties situated within the jurisdiction of Sadarbazar Police Station, Solapur to the first informants in the respective aforesaid crimes. The applicant came to be arrested on 4 th May 2017 and since then he is in jail. After completion of investigation, police have initially filed chargesheets on 8.6.2017 and thereafter submitted supplementary chargesheets on 9.10.2017 in the aforesaid crimes.

3] Perused the chargesheet.

Prima facie it appears that, on the date of filing of chargesheet i.e. on 8.6.2017, except statement of the co-accused, implicating the 3/5

applicant as the person instrumental in preparing bogus Form 8- A, there was no other material against the applicant on record. In the supplementary chargesheet submitted after 4 months, the witness namely Vilas Revaje in his statement dated 31.8.2017 has stated that the applicant being the Ex-Member of Gram Panchayat, threatened other members to cooperate with him in filling up register, failing which he threatened them to file complaints under the Atrocities Act and prepared form 8A in his own hand-writing.

The statement of the said witness Vilas Revaje has been recorded after about six months from the date of lodging of first information report and after about two months from the date of filing of first chargesheet. Prima facie, it appears that except the said statement, there is no other material on record against the applicant. In view thereof, the applicant can be released on bail in the aforestated crimes.

Hence, the following Order:

(i) The applicant be released on bail in the aforestated crimes registered with Sadarbazar Police Station, Solapur, on his furnishing PR bond of Rs.25,000/- in each crime with one or two separate 4/5

solvent local sureties in the like amount in respect of each of the crimes.

(ii) After his release from the jail, the applicant shall attend the Sadarbazar Police Station, Solapur, on every alternate Monday of the mointh between 10.00 a.m. To 2.00 p.m till conclusion of trial. (iii) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

4] All applications are allowed in the aforesaid terms. (A.S.GADKARI, J.) 5/5