Sunil Maruti Biranje v. The State Of Maharashtra

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1725 OF 2015 Sunil Maruti Biranje .Applicant v/s.

The State of Maharashtra .Respondent Mr.Y.P.Narvankar, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

11.09.2015 P.C.

.

Heard learned counsel for the applicant and the learned APP for the respondent - State. 2.

By this application, the applicant seeks his enlargement on bail in connection with C.R.No.160 of 2015 registered with the Shivaji Nagar Police Station, Ichalkaranji, Kolhapur, for the alleged offences punishable under Sections 328, 188, 272, 273 of the Indian Penal Code, 1870 and under Section 59 of the Food

Safety Act.

3.

According to the prosecution, on 19.08.2015 during the investigation of C.R.No.159 of 2015 registered with the Shivaji Nagar Police Station, Pune(Rural), the investigating machinery suspected that certain prohibited articles like Gutkha were kept at Balaji Supari Centre and Bhagyalaxmi Pan Shop. Pursuant to the said information, a raid was conducted on the aforesaid premises on 20.08.2015 and prohibited substances worth Rs.3,073/- were found belonging to the present applicant.

4.

Learned counsel for the applicant submits that co-accused Panchapure has been granted anticipatory bail. The applicant has been in custody since his arrest i.e. from 20.08.2015. There are no antecedents qua the applicant.

5.

Considering the nature of allegations, the applicant deserves to be enlarged on bail on the following terms and conditions :

ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount;

(ii) The applicant shall attend the Shivaji Nagar Police Station, Ichalkaranji, Kolhapur, on the first Saturday of every month between 11:00 a.m. to 12:00 noon for a period of 12 months till the conclusion of the trial;

(iii) The applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case; (iv) The applicant shall inform his latest place of residence and mobile contact number immediately and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the

Investigating Officer of the concerned Police Station;

(v) The applicant to cooperate with the conduct of the trial;

(vi) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail.

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of. 7.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

All concerned to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order.