Balasaheb Anant Jadhav v. State Of Maharashtra
2023:BHC-AS:36032
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2626 OF 2023 BALASAHEB ANANT JADHAV ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Priyal Sarda for the Applicant.
Ms. Rutuja Ambekar, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : DECEMBER 04, 2023 P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for bail in respect of the offence punishable under Sections 307, 120-B of the Indian Penal Code (hereafter 'IPC' for short) and Section 3(25) of the Arms Act and Sections 37(1)(3) and 135 of the Maharashtra Police Act, registered on 12/10/2020 vide C.R. No.850 of 2020 with Wanwadi Police Station, Pune.
3.
The date of the alleged incident is 12/10/2020. According to the prosecution's case, the applicant is the 1/4
conspirator. There were in all 6 accused. The present applicant had illicit relations with the mother of the informant. The informant was, therefore, exploiting the present applicant by making illegal demands for money. The applicant, therefore, gave a contract to the co-accused for committing the murder of the informant. The coaccused fired at the informant. The informant being alert, the bullet only scraped his cheek. A surgery was performed on the informant. The applicant was arrested on 15/10/2020. The applicant was released on COVID parole on 28/05/2021 and surrendered before the learned JMFC on 03/04/2023.
4.
Learned APP opposed the applicant and submitted that the applicant had exceeded the period of COVID parole and that he should have surrendered earlier.
5.
In the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail as factually the applicant is in custody for a period of 15 months. The investigation is complete and the charge-sheet has been filed. There is nothing on record to indicate that during the 2/4
period of COVID parole, there has been any misuse of the liberty granted. There is one criminal antecedent in terms of Section 354A of the IPC registered against the applicant. However, this factor is not sufficient to deprive the facility of bail to the applicant in the present case. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Balasaheb Anant Jadhav in connection with C.R. No. 850 of 2020 registered with Wanwadi Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.
(d) The applicant shall attend the Investigating Officer of Wanwadi police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.
(e) 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 from disclosing the facts to Court or any Police 3/4
Officer. The applicant shall not tamper with evidence. (f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
6.
The application is disposed of.
(M. S. KARNIK, J.) 4/4