Prasad Gopal Poojari And ORS R v. The State Of Maharashtra

Rane * 1/2 * BA-2268-2016 Friday,16.12.2016 sr.no. 937

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2268 OF 2016

1. Prasad Gopal Poojari

2. Kamlesh @ Thapa Sundernath Dube

3. Ankush Ram Kamble (At presently lodged at Arthur Road Central Prison) .....Applicants V/s.

The State of Maharashtra (At the instance of MIDC Police Station vide their C.R. No. 259 of 2016) .....Respondent * * * * * * Mr. P.R. Dave, Advocate for the applicant.

Ms. R.M. Gadhvi, APP for the respondent, State. PSI, M.D. Bhosale, MIDC Police Station present. CORAM :- N. W. SAMBRE, J.

DATED :- 16TH DECEMBER, 2016.

P.C. :- 1).

The applicants are seeking regular bail in Crime No. 259 of 2016 for an offence punishable under Sections 370(3), 34 Indian Penal Code, Sections 3, 4, 5, 7 (1)(b) of the Prevention of Immoral Trafficking Act ("PETA Act" for short).

Rane * 2/2 * BA-2268-2016 Friday,16.12.2016 sr.no. 937 2).

So far as applicant no.1, Prasad Gopal Poojari is concerned, it is informed that a similar type of offence vide Crime No. 728 of 2013 is pending against him. In view of criminal antecedents, the Bail Application of applicant no.1, Prasad Gopal Poojari is rejected.

3).

So far as applicants no.2 and 3, Kamlesh @ Thapa and Ankush are concerned, having regard to the punishment provided in case of conviction, completion of investigation as the chargesheet is filed and absence of criminal antecedents, deserve to be released on bail.

4).

Hence, the Bail Application is allowed. Applicants no.2 and 3 be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount.

5).

Applicants no.2 and 3 to attend police station as and when called.

6).

Applicants no.2 and 3 shall not tamper with the evidence and/or influence the witnesses in any manner whatsoever. (N.W. SAMBRE, J)