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Bombay High CourtBA/3064/2018bail granted

Sonu Alias Pradip Sarjerao Jaibhave v. The State Of Maharashtra

2018-12-10Hon'Ble Shri Justice A.S. Gadkari3 pages

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3064 OF 2018 Sonu alias Pradip Sarjerao Jaibhave ..Applicant Vs The State of Maharashtra .

..Respondent ----- Mr. Piyush Toshnival I/b Aashish Satpute for Applicant. Mr. Ajay Patil, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 10th December 2018.

P.C.:

1] This is an application under Section 439 of Cr. P.C. for bail in CR No. 157 of 2018 dated 10.10.2018 registered with Pimpalgaon (B) Police Station, District Nashik under Sections 353, 332, 506 of Indian Penal Code.

2] Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation.

3] The first information report is lodged by Mr. Shakil Ahmed, Circle Officer, Pimpalgaon, Taluka Niphad, District Nashik. It is alleged that, on 10.10.2018, it was informed to him that, the Revenue Authority has accosted a truck bearing registration No.MH-18-AA-7575 belonging to 1/3

applicant and it was found that, the said truck was carrying illegally excavated sand. When the informant went at the said place he observed that, the applicant was indulging into altercation with Tahasildar of the said Tahasil for custody the truck from the Revenue Authority. When the informant informed him about the legal complicity, it is alleged that the applicant a tiff with him, pushed, punched him and fled away from the scene of offence. During the course of investigation the police have added sections 420, 465 and 467 to the present crime and the application came to be arrested on 10.10.2018 and since then he is in jail. The learned APP submitted that, there is an antecedent of similar nature at the discredit of the applicant. 4] The record indicates that, the investigation of the present crime is practically completed and further incarceration of the applicant in judicial custody is unwarranted. In view thereof, the applicant can be released on bail.

Hence the following Order:- i] Applicant be released on bail in CR No. 157 of 2018 registered with Pimpalagaon (B) Police Station, District Nashik, on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like 2/3

amount.

ii] After his release from jail, the Applicant shall initially attend Pimpalgaon (B) Police Station on every 1st Monday of the week between 10.00 a.m and 1.00 p.m till submission of final report and after submission of final report attend the said Police Station on 1st Monday of every month till conclusion of trial iii] Applicant shall also attend all the dates before the Trial Court. 6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3