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Bombay High CourtBA/3912/2023allowed

Siddheshwar @ Rahul Dadasaheb Sonure v. State Of Maharashtra

2024-02-28Hon'Ble Shri Justice M. S. Karnik4 pages

2024:BHC-AS:9519

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3912 OF 2023 SIDDHESHWAR @ RAHUL DADASAHEB SONURE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Umesh R. Mankapure a/w Ms. Bhavika Shinde, for the Applicant.

Mr. S. H. Yadav, APP for the State.

PSI- Mr.Vishwambhar Pote, Jath police station present. CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 28, 2024 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under sections 365, 363, 364, 307, 324, 452, 143, 147, 148, 149, 120B, 506 of the Indian Penal Code, 1860, under sections 5, 27 of the Arms Act, sections 3 (1) (II), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (hereafter 'MCOCA', for short) registered on 22/10/2016 vide C.R. No.159 of 2016 with Jat police station, Dist- Sangli.

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3.

In all there are 6 accused. The applicant is the accused no.5.

4.

The gang-leader Madhukar Dadasaheb Waghmode is enlarged on bail vide order dated 28/02/2024 in Bail Application No. 1731 of 2023. The present applicant is a member of the gang.

5.

Learned APP submitted that there are 10 cases registered against the applicant for bodily offence. For the same reasons as in Bail Application No. 1731 of 2023, I am inclined to enlarge even the present applicant on bail on the ground of long incarceration. The applicant is in custody almost for more than 7 years with no possibility of trial concluding any time soon. I am informed that only charge has been framed. The trial will take long time to conclude. Hence the following order.

O R D E R

(a) The application is allowed.

(b) The applicant- Siddheshwar @ Rahul Dadasaheb Sonure in connection with C.R. No. 159 of 2016 registered with Jat police station, District-Sangli shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more local sureties in the like 2/4

amount.

(c) Except for attending the trial in this matter and other criminal cases, the applicant shall not enter the Sangli district after being released on bail, till further orders of the trial Court. The applicant shall give appropriate intimation to the investigating ofÏcer before entering into Sangli district for attending the criminal cases.

(d) The applicant shall report to the police station which is nearest to the place of his residence while residing outside Sangli district once in a month on every first Monday of the month between 11.00 a.m. and 1.00 p.m. till the trial concludes commencing from April 2024.

(e) The applicant shall inform the trial Court as well as the investigating ofÏcer the contact details as well as residential address while residing outside Sangli district and consequent change if any.

(f) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The applicant shall not tamper with evidence. 3/4

(g) If the applicant is found violating any of the conditions, it will be open for the prosecution to apply for cancellation of bail.

(h) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 28/02/2024 19:10:10