Sunil Harinarayan Sahani And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3294 OF 2022 Sunil Harinarayan Sahani And Ors ...Applicants

Versus

The State Of Maharashtra

...Respondent

Mr. Meghdeep Oak for applicant.

Ms. G.P. Mulekar, APP for State

CORAM:

M. S. KARNIK, J DATED:

DECEMBER 16, 2022 PC:- 1.

Heard learned counsel for the applicants.

2.

This is an application for bail filed by the applicants - Mr. Sunil Harinarayan Sahani, Mr. Dipak Janardan Pathak, Mr. Harikrushna Kapildev Kushvah and Mr. Arjun Shripati Prajapati, in connection with C.R. No. 176 of 2022, registered with Boisar Police Station, for the offence punishable under sections 307, 120(B), 353, 333, 332, 326, 109, 143, 147, 148, 149, 427, 504, 506, 395, 324, 336, 337, 338 of the Indian Penal Code, 1860 and under section 135 of the Bombay Police Act, section 7 of Criminal Law Amendment Act and section 3(1) of the Prevention of Damage to Public Property Act, 1984.

3.

The applicants are original accused nos. 76 to 79. So far as the accused nos. 1 to 75 are concerned, they have been released on bail by the Sessions Court. The original accused nos. 1 to 3 are the committee members of the union. It is alleged that there was some fight between the two rival unions which resulted in the incident that took place on 07/05/2022. The role of the applicants' is similar to those who have been released on bail by the Sessions Court. The applicants are in custody since 28/09/2022. The charge-sheet has been filed and the investigation is complete, no purpose will be served by prolonging the custody of the applicants. On the ground of parity as well the applicants can be released on bail. Hence the following order.

O R D E R

(a) The applicants - Mr. Sunil Harinarayan Sahani, Mr. Dipak Janardan Pathak, Mr.

Harikrushna Kapildev Kushvah and Mr. Arjun Shripati Prajapati, in connection with C.R. No. 176 of 2022, registered with Boisar Police Station, shall be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- each with one or more sureties of the like amount.

(b) The applicants shall not enter the vicinity

of Viraj Profile Limited, M.I.D.C. Boisar at the address given in the First Information Report till further orders.

(c) The applicants shall not indulge themselves or commit similar kind of offences. (d) Failure to comply with the aforesaid conditions would render the applicants for cancellation of their bail.

(e) On being released on bail, the applicants shall furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, if there is any change.

(f) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicants should not tamper with evidence.

4.

The application is disposed of.

(M. S. KARNIK, J.)