Mahadev @ Gunda Namdev Dhole v. The State Of Maharashtra

1 2.6.211.19 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 211 OF 2019 Sandip Babaso Toraskar .....Applicant V/s.

The State of Maharashtra .....Respondent WITH CRIMINAL BAIL APPLICATION NO. 2540 OF 2019 Mahadev @ Gunda Namdev Dhole ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Aniket U. Nikam i/b Mr. Vivek Arote for the Applicant in BA 211 of 2019 Mr. Shridhar A. Patil for the applicant in BA 2540 of 2019 Mrs. P. P. Shinde APP for the State in both applications Dy. S.P. Jyoti T. Amane, CID, Kolhapur Unit CORAM :

NITIN W. SAMBRE, J.

DATE :

FEBRUARY 11, 2020.

P.C.

Applicant Sandip Toraskar is seeking regular bail in Crime No. 41 of 2016 registered with Kodoli Police Station for offence punishable under Sections 454, 380, 120 (b), 109 r/w 34 of the

2 2.6.211.19 ba.doc Indian Penal Code and applicant Mahadev @ Gunda Namdev Dhole is seeking bail in Crime No. 41 of 2016 registered with Kodoli Police Station for offence punishable under Sections 454, 457, 380, 109, 120 (B) r/w 34 of the Indian Penal Code.

2] It is brought to my notice that other main accused Mohiddin Mulla is already released on bail.

3] As far as applicants are concerned, certain recovery was demonstrated against them. Maximum punishment provided is that of 7 years. Applicants are behind the bar for more than three years. 4] There are no antecedents against the applicants. Trial in the matter is already commenced.

5] In the aforesaid background, particularly having regard to the fact that applicants are behind the bar for more than three years and very much available for prosecution, applicants deserve bail. Hence, following order.

3 2.6.211.19 ba.doc (I) Applicants be released on bail in Crime No. 41 of 2016 registered with Kodoli Police Station on furnishing P.R. bond in the sum of Rs. 25,000/- each with one or more sureties in the like amount.

(II) Applicants shall not seek single adjournment in the Trial Court, failing which prosecution will be at liberty to seek cancellation of bail before the Court of Magistrate immediately.

(III) Applicants shall not infuence witnesses or tamper with evidence.

(IV) Applicants shall not leave jurisdiction of the Court without prior permission.

6] Applications stand disposed of.

[NITIN W. SAMBRE, J.]