Baba Shankar Gaikwad v. State Of Maharashtra

40-ba-2862-22.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.02.15 14:48:23 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2862 OF 2022 Baba S. Gaikwad ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Debajyoti Talukdar for the Applicant.

Mr. S.S.Hulke, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

18.01.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.29 of 2022 registered at Market Yard Police Station, Pune city for the ofences punishable under Sections 307, 141, 143, 147, 149, 504 of the Indian Penal Code, Section 4 read with 25 of the Arms Act and Section 37(1)(c) read with 135 of Maharashtra Police Act. 3.

It is the case of the prosecution that on 6 March 2022, the present applicant along with other co-accused assaulted the complainant and his friends by koyta, iron rod, hockey stick and attempted to kill them on account of previous dispute. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

Dinesh S. Sherla 1/2

40-ba-2862-22.doc 5.

Except the complainant others have not sustained any grievous injuries. The applicant is in jail for about 1 year and there are no other criminal antecedents. The trial is not likely to conclude in near future. Considering these facts, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 29 of 2022 registered at Market Yard Police Station, Pune city for the ofences punishable under Sections 307, 141, 143, 147, 149, 504 of the Indian Penal Code, Section 4 read with 25 of the Arms Act and Section 37(1)(c) read with 135 of Maharashtra Police Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station once in a month i.e. on frst Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2