Vishal Gurudas Gaikwad v. The State Of Maharashtra

1 7.3326.18 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3326 OF 2018 Vishal Gurudas Gaikwad .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Nitin B. Patil i/b Hulyalkar & Associates advocate for the applicant Mr. N. B. Patil APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 11, 2019.

P.C.

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

Applicant is seeking regular bail in Crime No. 669 of 2018 registered with Bhosari Police Station for offence punishable under Sections 307, 143, 147, 148, 149, 452, 504, 506, 427 of the Indian Penal Code

2 7.3326.18 ba.doc Apart from registration of F.I.R. at the behest of applicant, the only role attributed to the applicant in the crime in question is that of use of a stick. Applicant is arrested on 02/11/2018. There is one criminal antecedent for offence punishable under section 324 of the Indian Penal Code.

In the aforesaid background, in my opinion, since no specific role of direct involvement but for carrying a stick is attributed to the applicant in crime in question by naming him in the F.I.R. it will be appropriate to order the release of the applicant. Hence, following order:

O R D E R

(I) Application is allowed.

(II) Applicant be released on bail in Crime No. 669 of 2018 registered with Bhosari Police Station on furnishing P.R. bond in the sum of Rs. 15,000/- with one surety in the like amount.

(III) Applicant shall not influence the witnesses or

3 7.3326.18 ba.doc tamper with evidence.

(IV) If it is noticed that the applicant is involved in other offence after his release, the Prosecution will be at liberty to apply for cancellation of bail.

Application stands disposed of.

[NITIN W. SAMBRE, J.]