Kiran Hanumantha Gadankush v. The State Of Maharashtra

1 /3BA-2405-15-907 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2405 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Hrishikesh Mundergi for the Applicant.

Ms.S.S.Kaushik, APP. for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 31st August, 2016 P.C.

This is an application under Section 439 of the Cr.P.C. for bail in CR No. I-347/2014 registered with Kolsewadi Police Station, Kalyan, District Thane under Section 302 of the Indian Penal Code.

2) The first information report dated 9.9.2014 is lodged by the applicant himself. In the said first information report he had admitted and confessed the crime. The learned counsel for the applicant submitted that the ratio laid down by the Supreme Court in AIR 1966 SC 119 in the case of Aghnoo Nagesia vs. State of Bihar is squarely applicable to the present case. After perusal of the

2 /3BA-2405-15-907 first information report and other documents annexed to the charge sheet, I find substance in the said submission. 3) In view of the above, the applicant has made out a case for his release on bail.

Hence, the following order.

a) The applicant be released on bail in Cr No.I347/2014 registered with Kolsewadi Police Station, Kalyan, District Thane on his furnishing PR bond of Rs.25,000/- with one or more solvent local sureties in the like amount. b) After his release from Jail the applicant shall attend the Kolsewadi Police Station, Kalyan, Dist. Thane once in a month i.e. on every 1st Monday of the month between 11.00a m. to 3.00 p.m. till the conclusion of the trial.

c) The applicant shall attend all the dates before the Trial Court.

d) Any two consecutive defaults in complying with the aforesaid conditions shall attract the provisions of Section 439(2) of the Cr.P.C.

e) The applicant shall not tamper with the evidence and/or influence the prospection witnesses.

3 /3BA-2405-15-907 f) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)