Akash Uttam Gaikwad v. State Of Maharashtra

41-ba-3705-22.doc by DINESH SADANAND SHERLA Date:

2023.04.01 15:29:37 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3705 OF 2022 Akash U. Gaikwad ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Sumant Deshpande for the Applicant.

Mr. P.H. Gaikwad-Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

25.01.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 163 of 2021 registered at Khadki Police Station, Pune for the ofences punishable under Sections 307, 323, 504, 506 (2), 427 read with 34 of the Indian Penal Code and Section 4 read with 25 of Arms Act and Section 37(1)(3) read with 135 of Maharashtra Police Act. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

4.

According to the prosecution on 19 June 2021 the present applicant and other co-accused attempted to commit the murder of the complainant.

Dinesh S. Sherla 1/2

41-ba-3705-22.doc 5.

Though according to the complainant, the present applicant and other co-accused tried to assault him by sword and stone still he did not sustain any injury. The applicant is in jail for more than 1 and 1⁄2 years.

6.

The learned APP submits that the applicant has criminal antecedents. However, considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 163 of 2021 registered at Khadki Police Station, Pune for the ofences punishable under Sections 307, 323, 504, 506 (2), 427 read with 34 of the Indian Penal Code and Section 4 read with 25 of Arms Act and Section 37(1)(3) read with 135 of Maharashtra Police Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station once in a month, i.e., on frst Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2