Jitendra Bansi Naikwade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2546 OF 2023 Jitendra Bansi Naikwade .Applicant

Versus

The State of Maharashtra .Respondent Mr. Priyal G. Sarda a/w. Ms. Seema S. Dighe & Mr. Shubham Sane, Advocate for the Applicant.

Ms. Supriya Kak, APP, for the Respondent - State. Mr. Vicky Kamble, Police Constable B.No. 1754, Economic Offences Wing, Solapur City, present.

CORAM: MADHAV J. JAMDAR, J.

DATE : 29.02.2024 P. C.

1.

Heard Mr. Sarda, learned Counsel appearing for the Applicant and Ms. Kak, learned APP appearing for the Respondent-State. 2.

This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:- 1.C. R. No.

2.Date of registration of F.I.R.

07.01.2023 3.Name of Police Station Salgar Vasti Police Station, Solapur 4.Sections invoked 420, 506 r/w. 34 of the I.P.C., 5.Date of incident 20.10.2019 to 07.01.2023 6.Date of arrest 08.01.2023 Page No. 1

7.Date of filing of Charge-sheet 08.03.2023 3.

As per the prosecution case, the accused persons assured the Complainant that they would get his loan proposal sanctioned from the 'Vasantrao Naik Vimukt Jati Va Bhatakya Jamati Vikas Arthik Mahamandal' ("Corporation") and therefore the informant paid the amount as compensation, as accused assured to do the said work. There are in all three Accused persons out of which Accused No.3 has been granted Anticipatory Bail by the learned Sessions Court. The Accused No.1 has died. Investigation is complete. Charge-sheet is filed. 4.

The trial is likely to take a considerably long time. 5.

The Applicant does not have any criminal antecedents. 6.

The Applicant does not appear to be at risk of flight. 7.

Accordingly, the Applicant can be enlarged on bail by imposing conditions. In view thereof, the following order:-

O R D E R

(a) The Applicant - Jitendra Bansi Naikwade be released on bail in connection with C. R. No.1 of 2023 registered with the Salgar Vasti Police Station, District - Solapur on his furnishing P. R. Bond of Rs.50,000/- with one or two solvent sureties in the like amount. (b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and Page No. 2

shall keep the same updated, in case of any change thereto. (c) The Applicant shall report to the Salgar Vasti Police Station, District - Solapur on the first Sunday of every month between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial. (d) 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 such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

(g) The Applicant shall surrender his passport, if any, to the Investigating Officer.

8.

The Bail Application is disposed of accordingly. 9.

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

[MADHAV J. JAMDAR, J.] Page No. 3