Lakhan Jigar Kale v. State Of Maharashtra

21-BA-4422-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4422 OF 2021 Lakhan Jigar Kale ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Aniket Vagal alongwith Mr. Kunal Pednekar and Mr. Divesh Mehani for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

PSI Mahesh Abnave, Daund Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 3 JANUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 582 of 2016 registered at Daund Police Station, Pune for the offences punishable under Sections 302, 394, 397 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

The learned Counsel for the applicant submits that the applicant is in jail for more than 6 years and the trial has not yet Kanchan P Dhuri 1 / 2

21-BA-4422-2021.odt commenced. The bail is thus sought on the ground of prolong incarceration, without trial.

5.

On the other hand, the learned APP for the State submits that the applicant is involved in serious crime of murder. It is submitted that the first informant has identified the present applicant in the test identification parade. It is submitted that considering the overall circumstances, the applicant may not be released on bail. 6.

Considering the fact that the applicant is in jail for more than six years and as the trial has not yet commenced, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Lakhan Jigar Kale be released on bail in Crime No. 582 of 2016 registered at Daund Police Station, Pune for the offences punishable under Sections 302, 394, 397 r/w. 34 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station once in a month i.e. on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.01.19 14:06:59 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2