Vikaskumar Birandar Mandal And ORS v. The State Of Maharashtra

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2473 OF 2016 Shri Pankaj Negeshwar Singh ... Applicant Vs.

The State of Maharashtra .. Respondent with BAIL APPLICATION NO.2478 OF 2016 Shri Vikaskumar Birandar Mandal & Ors.

... Applicants Vs.

The State of Maharashtra .. Respondent and BAIL APPLICATION NO.2479 OF 2016 Shri Vikaskumar Birandar Mandal & Ors.

... Applicants Vs.

The State of Maharashtra .. Respondent Ms.Jyotsna V. Walujkar for the Applicants Mr.Prashant Patil, APP, for Respondent - State Mr.S.P. Choube, Police Naik, Pune railwy police station - present CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JANUARY 31, 2017

P.C. :

1.

The applicants/accused are prosecuted for the offences punishable under sections 379 r/w 34 of the Indian Penal Code registered at C.R. Nos.34 of 2016, 20 of 2016 and 37 of 2016 with the Pune Railway police station, Pune. All the three offences of theft have taken place in the beginning of the year 2016 when the complainants were travelling in the train. At the time of hearing of these applications, the learned Counsel for the applicants/accused has submitted that the applicants/accused are behind bars since last six months and there is no evidence in these three cases. The learned counsel submitted that the applicants/accused will attend all the Court dates, if released on bail.

2.

Learned Prosecutor informs the Court that there are in all 7 cases pending against the applicants/accused of similar nature. The applicants/accused are from Bihar. It is difficult to trace them and find their permanent address. Moreover, charge is framed in all the matters and the learned trial Judge has opened one case wherein one panch witness is examined.

3.

In such circumstances, considering the submissions made by the learned Counsel as the trial has commenced and there are

total 7 cases of similar nature, and the applicants/accused are on bail in all other four cases, except the present three cases, I am not inclined to consider the Bail Applications, however, the learned trial Judge shall take up these three cases first on priority basis and record evidence and decide the matter on or before 31st May, 2017.

4.

Bail Applications are disposed of accordingly. (MRIDULA BHATKAR, J.)