← Library
Bombay High CourtBA/2948/2019bail granted

Ganesh Manik Galphade v. The State Of Maharashtra

2019-11-08Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 902.BA.2948.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2948 OF 2019 Ganesh Manik Galphade Applicant versus The State of Maharashtra Respondent Mr.Vaibhav V. Ugle for applicant.

Mr.Prashant Jadhav, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 8th November 2019 PC :

1.

The applicant was granted bail by this Court vide order dated 15-6-2018 in connection with CR No.378 of 2017 registered with Bharti Vidyapeeth Police Station, Pune for offences under Sections 363, 376 of IPC and Sections 4,8,12 of Prevention of Children from Sexual Offences Act, 2012. The charge sheet was filed and the proceedings were pending before the Sessions Court, at Pune. The applicant did not remain present before the Trial Court since 16-72018 and hence non-bailable warrant was issued against him, which was executed on 25-3-2019. The applicant thereafter preferred application for bail before Sessions Court which has been rejected. 2.

Learned advocate for applicant submits that the applicant did not attend the proceedings as he was at his native place on account of family dispute. The applicant would abide by any condition imposed by this Court and undertakes to attend Trial Court

2 of 2 902.BA.2948.2019.doc proceedings regularly. Learned APP submitted that the applicant had remained absent from 16-7-2018 and the warrant was executed on 25-3-2019.

3.

I have perused the order granting bail by this Court. Indeed applicant did not remain present before the Trial Court. He is in custody from 25-3-2019 after execution of non-bailable warrant. Also considered the reasons for grant of bail by this Court. Considering the aforesaid circumstances, bail can be granted on certain terms and conditions. Hence, I pass following order :

ORDER

(i) The applicant is directed to be released on bail in connection with CR No.378 of 2017 registered with Bharti Vidyapeeth Police Station, Pune, on his furnishing PR bond in the sum of Rs.50,000/- with one or more sureties in the like amount; (ii) The applicant shall execute fresh surety bond; (iii) The applicant shall attend Bharti Vidyapeeth Police Station, Pune once in a month on every first Saturday between 10 am and 12 noon till further orders;

(iv) The applicant shall regularly attend Trial Court proceedings, unless exempted for some reason;

(v) In the event of breach of this order, the prosecution will be at liberty to prefer application for cancellation of bail; (vi) Criminal Bail Application No.2948 of 2019 is allowed and disposed of.

(PRAKASH D. NAIK, J.) MST