Sanjay Ratan Lokhande v. State Of Maharashtra
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2508 OF 2023 Sanjay Ratan Lokhande .Applicant Vs.
The State of Maharashtra .Respondent Mr. Chetan S. Damre, Advocate, for the Applicant Mr. S. V. Gavand, APP, for the Respondent - State
CORAM
:
MADHAV J. JAMDAR, J.
DATE :
03.01.2024 P. C.
1.
Heard Mr. Damre, learned counsel appearing for the Applicant and Mr. Gavand, learned APP appearing for the Respondent - State.
2.
This is an Application fled by the Applicant for seeking regular bail. The relevant details are as under :- C. R. NO.
Date of Registration of F.I.R.
21.01.2023 Police Station Deola Police Station, Nashik Sections Applied 307, 323, 324, 326, 341, 504, 506 r/w. 34 of the Indian Penal Code Date of Incident 21.01.2023 Date of Arrest 21.01.2023 Date of fling of Charge sheet 21.01.2023
3.
The material on record shows that the informant is the real brother of the present Applicant. There is a dispute regarding user of road between the informant and accused. The present Applicant i. e. Accused No. 1 - Sanjay Ratan Lokhande and some other persons have fled an Application dated 20.10.2022 with the Tahsildar seeking removal of obstruction for user of the road on 20.10.2022. The present incident has occurred on 21.01.2023.
4.
It is the case of the prosecution that the Applicant closed the road by placing iron angles and pipes. Therefore, the quarrel occurred. There are total four accused. Accused No. 1 is the present Applicant. Accused No. 2 is the wife and Accused Nos. 3 & 4 are the sons of the present Applicant. Except the present Applicant, all other accused are enlarged on bail by the learned Sessions Judge, Nashik. The investigation is complete and charge-sheet is fled. The trial has not yet commenced and is likely to take a long time. There appears to be no 'fight-risk' w.r.t. the Applicant.
5.
Mr. Damre, learned Counsel appearing for the Applicant states that Applicant Nos. 2, 3 & 4 are residing at Ashwamedh Nagar, opposite R.T.O., Panchvati, Nashik - 3 and the Applicant, if released on bail, will stay at the said address. 6.
Accordingly, following order is passed.
O R D E R (i) The Application is allowed;
(ii) The Applicant - Mr. Sanjay Lokhande in connection with C. R. No. 12 of 2023 registered with the Deola Police Station, Nashik shall be released on bail on his furnishing P. R. Bond in the sum of Rs. 25,000/- with one or two solvent sureties in the like amount;
(iii) The Applicant shall not enter the jurisdiction of the Deola Police Station, Nashik on being released on bail except for reporting to the Investigating Offcer, if called; (iv) On being released on bail, the Applicant shall furnish his contact number and residential address to the Investigating Offcer and shall keep him/her updated, in case there is any change;
(v) The Applicant shall report to the Deola Police Station, Nashik once every week, on every Sunday between 11.00 a. m. and 1.00 p. m. till the conclusion of trial. The Police Inspector of Deola Police Station, Nashik to communicate details thereof to the Investigating Offcer;
(vi) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing the facts to Court or any Police Offcer;
(vii) The Applicant shall not tamper with evidence; (viii) The Applicant shall regularly attend the trial; (ix) The Applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments;
(x) The Applicant shall surrender his passport, if any, to the Investigating Offcer.
7.
The Application is disposed of.
(MADHAV J. JAMDAR, J.)