Amol Balasaheb Dusingh v. The State Of Maharashtra
ssm 1 42-ba2215.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2215 OF 2018 Amol Balasaheb Dusingh ....Applicant.
Vs.
The State of Maharashtra ....Respondent.
Mr. Santosh Deshpande for the Applicant.
Mr. N.B. Patil APP, for the Respondent-State. CORAM : A. S. GADKARI, J.
DATE : 19th NOVEMBER, 2018.
P.C.:- This is an Application under Section 167 of the Code of Criminal Procedure for mandatory bail.
The learned counsel appearing for the Applicant, submitted that, the other two accused in the present crime namely Arvind Bagul and Vilas Wagh have been released on bail by Orders dated 6th December 2017 and 4th July, 2018 respectively by this Court on the ground of non-filing of charge sheet within stipulated period as contemplated under Section 167(2) of the Code of Criminal Procedure.
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ssm 2 42-ba2215.18.doc The learned APP fairly submitted that, parity on facts and law applies to the present Applicant also.
The perusal of record would indicate that, the Applicant is entitled to be released on bail as per the mandate under Section 167(2) of the Code of Criminal Procedure, as the Investigating Agency has failed to file charge-sheet on the 90th day from the date of arrest of the Applicant and therefore, an indefensible right has been accrued in favour of the Applicant.
In view of the above, the Applicant deserves to be released on bail.
Hence, the following order.
a) The Applicant be released on bail in CR No. I-6 of 2017 registered with Khandeshwar Police Station, Navi Mumbai on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.
b) After his release from jail, the Applicant shall attend the Investigating Officer on every first 2/3
ssm 3 42-ba2215.18.doc Monday of the month between 11.00 a.m. and 1.00 p.m.
c) The Applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses.
Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 3/3