Deepak Jagannath Sangale v. State Of Maharashtra And ANR

Rane * 1/2 * BA-2296-2016 Monday, 21.11.2016 sr.no.33

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2296 OF 2016 Mr. Deepak Jagannath Sangale .....Applicant V/s.

1. State of Maharashtra and anr.

.....Respondents * * * * * * Mr. S.D. Sherkhane, Advocate for the applicant. Mr. N.B. Patil, APP for respondent, State.

CORAM :- N.W. SAMBRE, J.

DATED :- 21st NOVEMBER, 2016.

P.C. :- 1).

The applicant is seeking regular bail in Crime No. 19 of 2016 for offences punishable under Sections 376, 506(2), 323, 504 Indian Penal Code for alleged incident dated 14th November, 2015 to 25th January, 2016. The bail is opposed by the learned APP on the ground that, there are criminal antecedents and there is likelihood that the applicant will be involved in similar type of offences again. It is no doubt true that, there is one Chapter case and two offences, one of the year 2008 and another of the year 2014 pending against him in which he is released on bail. However, it is required to be

Rane * 2/2 * BA-2296-2016 Monday, 21.11.2016 sr.no.33 noted in the present case that, the investigation in the matter is already complete.

2).

It is then to be noted that, upon evaluation of the material placed on record in the form of chargesheet, what could be prima-facie noticed is that, the applicant is either falsely implicated or there is consent. In view thereof, case for bail is made out. 3).

The bail application is allowed. In the event of arrest of the applicant, be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount.

4).

Any two consecutive absence before the trial Court, will entail it to proceed for cancellation of bail. 5).

Till the conclusion of trial, the applicant shall not enter the area where the victim is residing.

6).

The applicant shall not tamper the evidence and/or influence the witnesses in any manner whatsoever. (N.W. SAMBRE, J)