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Bombay High CourtBA/508/2022application allowed

Devendra Jagdish Shaha v. The State Of Maharashtra

2022-09-07Hon'Ble Shri Justice R. G. Avachat2 pages

16-BA.508.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.508 OF 2022 Devendra s/o. Jagdish Shaha ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Ms.Poonam V. Bodke-Patil, Advocate for applicant Mr.V.S.Badakh, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 07, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0060 of 2020 registered with Vazirabad Police Station, Dist.Nanded.

2.

Heard learned counsel appearing for the parties. 3.

The applicant has been in jail for little over two years. The amount involved in the crime is less than Rupees One and half Crores. The applicant has received a sum of Rs.8,80,000/- in his bank account and rest in cash. The applicant, on his own, offered to deposit the sum of Rs.8,80,000/-. In view of the same and considering the role of the applicant in the alleged offence, the application deserves to be allowed on conditions.

16-BA.508.2022 4.

Hence, the following order:- (i) The application is allowed.

(ii) On condition that the applicant shall deposit Rs.8,80,000/- (Rupees Eight Lakhs Eighty Thousand) with the trial court, the applicant be released in connection with Crime No.0060 of 2020 registered with Vazirabad Police Station, Dist.Nanded, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (iii) It is made clear that depositing the amount by the applicant, as directed above, shall be a condition precedent for grant of bail.

(iv) The applicant shall not tamper with the prosecution evidence.

(v) Since the applicant is resident of West Bengal, he shall furnish address of his permanent place of residence and cell-phone number to the trial Court.

(vi) Until conclusion of the trial, the applicant shall attend the concerned police station once a month, i.e. on every first Sunday, at 12.00 noon.

[R.G. AVACHAT, J.] KBP