Vijaykumar Shamrao Chougule v. The State Of Maharashtra

1 26.3324.18 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3324 OF 2018 Vijaykumar Shamrao Chougule .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Tushar Khairnar i/b Mr. Umesh Mankapure advocate for the applicant Mr. S. S. Hulke APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 9, 2019.

P.C.

In crime no. 115 of 2018 registered with Sangli City Police Station for offence punishable under section 4 (b) r/w 5 (2)(3)(4) of the Medical Termination of Pregnancy Act, 1971 and also under section 312, 201 r/w 34 of the Indian Penal Code present applicant came to be arrested on 17/09/2018.

According to the learned counsel for the applicant, since the

2 26.3324.18 ba.doc investigation in the matter is completed and charge-sheet is filed, further detention of the applicant is not warranted. Per contra the learned APP opposed the bail on the ground that the applicant, a highly educated person has indulged into various serious offences which has large reaching adverse effect over the society. According to him, there is sufficient material on record which warrants rejection of the application.

The arrest of the applicant on 17/09/2018 and filing of charge-sheet is not in dispute. The maximum punishment provided for offence under which the applicant is booked and charge-sheeted is ranging from 2 years to 7 years.

In the aforesaid background, in my opinion, case for grant of bail is made out. In view thereof, following order is passed:

O R D E R

(I) Application is allowed.

(II) Applicant be released on bail in crime no. 115 of

3 26.3324.18 ba.doc 2018 registered with Sangli City Police Station on furnishing P.R. bond in the sum of Rs. 50,000/- with two sureties in the like amount.

(III) Applicant shall not influence or tamper with evidence.

(IV) Applicant shall not enter the jurisdiction of Sangli City Police Station till framing of charge.

(V) If it is noticed that applicant has indulged in similar type of offence, prosecution will be at liberty to move for cancellation of bail.

Application stands disposed of.

[NITIN W. SAMBRE, J.]