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Bombay High CourtAPPLN/2057/2016application allowed

Dhananjay S/O. Prakash Kale v. The State Of Maharashtra

2016-06-24Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2411 OF 2016 Karan s/o Sudham More, R/o. Ramwadi (Savantsar), Tq. Kopargaon, Dist. Ahmednagar.

...Applicant versus The State of Maharashtra through Police Inspector, Kopargaon Taluka Police Station, Tq. Kopargaon, Dist. Ahmednagar.

...Respondent

WITH CRIMINAL APPLICATION NO. 2057 OF 2016 Dhananjay s/o Prakash Kale, R/o. Ramwadi (Bhojade Chowki), Tq. Kopargaon, Dist. Ahmednagar.

...Applicant versus The State of Maharashtra through Kopargaon Police Station, at Kopargaon.

...Respondent

.....

Mr. D.B. Thoke, Advocate for applicant in Criminal Application No.2411/2016 Mr. K.M. Nagarkar, Advocate for applicant in Criminal Application No. 2057/2016 Mr. C.V. Dharurkar, A.P.P. for respondent/State .....

CORAM : N.W. SAMBRE, J.

DATE : 24th JUNE, 2016 ORAL ORDER :

Learned Counsel for the applicants are seeking regular bail in Crime No. I-169 of 2015 registered at Kopargaon Police

-2Station, Taluka Kopargaon, District Ahmednagar, for an offence punishable under Sections 392, 395, 114, 120(B) read with Section 34 of the Indian Penal Code.

2.

Learned Counsel for the applicants submits that there are no criminal antecedents and further detention of the applicants will be of hardly any assistance, as the applicants are very much available for the prosecution and Court process. He submits that the charge sheet is already filed.

3.

Learned A.P.P. opposed the applications, having pointed out the nature of allegations against the applicants. 4.

In my opinion, since the investigation is complete and charge sheet is filed and the important fact that there are no criminal antecedents, the applicants are entitled to be released on bail. Hence, the following order :- (i) The applicant Dhananjay s/o Prakash Kale in Criminal Application No. 2057 of 2016 and applicant Karan s/o Sudham More in Criminal Application No. 2411 of 2016 be released on bail, in connection with Crime No. I-169 of 2015 registered at Kopargaon Police Station, Taluka Kopargaon, District Ahmednagar, for an

-3offence punishable under Sections 392, 395, 114, 120(B) read with Section 34 of the Indian Penal Code, upon furnishing P.R. bond of Rs.15,000/- with one surety in the like amount, by each of them. (ii) The applicants shall not tamper with the prosecution evidence. (iii) The applicants shall attend the trial regularly and co-operate the Court below for expeditious disposal of the trial. Failure to cooperate the Court below by the applicants shall entail the Court below for proceeding against the applicants for cancellation of bail. (iv) If it is noticed that the applicants are involved in any other similar offence, same may also give right to the prosecution to move for cancellation straightway before this Court in the present crime. 5.

Both the criminal applications stand allowed in above terms.

[ N.W. SAMBRE, J. ] Tupe/