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Bombay High CourtBA/3526/2022disposed off

Surendra Megh Singh v. The State Of Maharashtra

2023-03-08Hon'Ble Shri Justice N. R. Borkar2 pages

912-BA-3526-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3526 OF 2022 Surendra Megh Singh ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Rupesh Zade instructed by Mr. Shaikh M.J.K. for the Applicant. Ms. Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 8 MARCH 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. 283 of 2022 registered at Yavat Police Station, Pune for the offences punishable under Sections 395, 452, 427, 504, 506 r/w. 34 of Indian Penal Code and Sections 3 r/w. 25 of the Arms Act, 1959.

3.

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

Kanchan P Dhuri 1 / 2

912-BA-3526-2022.odt 4.

According to the prosecution, on the date of incident which took place on 2 April 2022 the present applicant and other co-accused forcibly took away the construction material worth Rs.6 lakhs owned by the complainant.

5.

The main allegations are against the co-accused Sanjay Hiralal Thakur with whom it appears that the complainant contracted to sell certain construction material, however, according to the complainant the said transaction did not materialize.

6.

The learned Counsel for the applicant submits that the said co-accused Sanjay Thakur, who was apprehended while commiting the alleged crime has been released on bail. The learned APP has not disputed this fact. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Surendra Megh Singh be released on bail in Crime No. 283 of 2022 registered at Yavat Police Station, Pune for the offences punishable under Sections 395, 452, 427, 504, 506 r/w. 34 of Indian Penal Code and Sections 3 r/w. 25 of the Arms Act, 1959, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

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

2023.06.02 15:40:16 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2