Swapnil Suhas Karale v. The State Of Maharashtra

Digitally signed by VINA ARVIND KHADPE Date:

2022.01.07 12:32:39 +0530 VINA ARVIND KHADPE

(50) ba.4317.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4317 OF 2021 Swapnil Suhas Karale ..Applicant V/s.

The State of Maharashtra ..Respondent ---- Mr.Gaurav Parkar for the Applicant.

Mr.Y.Y. Dabke, APP for the Respondent/State.

PSI G. K. Bhalchin, Neral Police Station present. ---- CORAM : C.V. BHADANG, J.

DATE : 5 JANUARY 2022 (Through Video Conference) P.C.

1.

By this Application, the Applicant (Accused No.3) is seeking bail. The Applicant along with others are accused in Crime No.239 of 2021 of Neral Police Station for the offences punishable under Sections 353, 332, 147, 148, 149 of Indian Penal Code. 2.

The prosecution case as per the complaint lodged by Mr.Anil Narayan More, Police Naik of Local Crime Branch shows that there was a drive conducted by the Special Prohibition Force at Raigad and during the course of action taken by the Special Force on 12th November 2021, one of the members of the Force was assaulted by the co-accused - Santosh Karale. The other co-accused including the Applicant are alleged to have assembled on the spot and was the part of the assembly and attempted to prohibit the Public Officers from performing their duties.

3.

Learned counsel for the Applicant submitted that there is no overtact attributed to the Applicant and the material allegation about assault on the public servant is made against co-accused Vina Khadpe page 1 of 2

(50) ba.4317.2021.doc Santosh Karale. He pointed out that all Accused except the present Applicant and Santosh Karale have been granted either regular bail or they are on Anticipatory Bail, ad-interim or otherwise. Learned counsel has pointed out Order dated 29th December, 2021 passed by the learned Additional Sessions Judge at Panvel granting regular bail to the Applicant / Accused in the said offence viz. Vikas Prakash Tare, Ruhtik Vilas Karale.

4.

Learned APP has not disputed that the co-Accused who are attributed with more or less same role have been granted regular bail. Learned APP on instructions from the Investigating Officer who is present in Court submitted that there is no further investigation to be carried out qua the present Applicant. 5.

Under these circumstances, I pass the following order;

ORDER

i) The Applicant be released on bail on executing a PR Bond of Rs.25,000/- with one or more solvent sureties in the like amount.

ii) The Applicant shall not directly or indirectly make any attempt to influence or tamper with the prosecution evidence or witnesses.

iii)The Applicant shall attend the concerned Police Station once in two weeks between 11.00 am to 1.00 pm and as and when required until further orders.

iv)Bail bond shall to be furnished before the learned Sessions Judge.

6.

Criminal Bail Application is disposed of in the aforesaid terms. (C.V. BHADANG, J.) Vina Khadpe page 2 of 2