Kisan @ Krishna Kunjya Chavan v. The State Of Maharashtra

2024:BHC-AUG:11428 941-BA-561-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 561 OF 2024 KISAN @ KRISHNA KUNJYA CHAVAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Anil M. Gaikwad APP for Respondent : Mr. S. D. Ghayal ...

CORAM : S. G. MEHARE, J.

DATE : 21-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The applicant seeks bail in C.R.No.I-285 of 2021 registered with Supa Police Station, Taluka Parner, District Ahmednagar, for the offences punishable under Sections 395, 420 and 120B of the Indian Penal Code.

3.

The facts of the case reveal that initially the first information report was against five accused. However, they have been deleted from the chargesheet. The persons introducing seller of the gold has been arraigned as accused in the first information report. The applicant has been arrested after a long period of three years and identified on photograph. Such identification has been seriously objected. He was transferred from another crime. Nothing is

941-BA-561-24.odt recovered from him. The investigation appears not proper. Therefore, the objection of the learned A.P.P. would not stand. In the circumstances, the applicant deserves bail.

ORDER

i) The application is allowed.

ii) Applicant Kisan @ krishna Kunjay Chavan be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He shall not tamper with the prosecution witnesses. (b) He shall not involve in the similar crime.

(c) He shall keep informing the police station on phone, his presence at his residence between 10.00 a.m. to 1.00 p.m. with undertaking not to change his cell phone number, till the conclusion of the trial. ( S. G. MEHARE ) JUDGE rrd