Amol Ganpat @ Gampu Jadhav v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.626 OF 2023 AMOL GANPAT @ GAMPU JADHAV
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. S. J. Salunke APP for Respondent: Mr. S. B. Narwade ....
CORAM : S. G. MEHARE, J.
DATE : 18.04.2023 PER COURT :
Heard the learned counsel for the applicant and the learned A.P.P. for the respondents/State. 2.
The applicant is seeking bail in Crime No. 342/2022 registered with Police Station Nanalpeth District Parbhani for the ofences punishable under Sections 323, 364-A read with Section 34 of the Indian Penal Code. 3.
Perusal of the papers reveals that the father of the applicant was Mukadam. He has to recover Rs. 4,80,000/- from the person allegedly kidnapped. The applicant has a case that they never kidnapped Ramesh
Chavan, however, they had exchange of hot words thereafter Ramesh told that he is ready to pay money; hence, he came with them in the car, he took them at various places under the assurance to repay the money.
4.
The role attributed to the applicant is very limited. There are no allegations against him that he assaulted or threatened the person who allegedly kidnapped for ransom. It seems that they had some money transaction and the person allegedly kidnapped had to pay the money. There are no allegations of use of a deadly weapon. Considering the role attributed to the applicant, and fling of the charge sheet, it would be inappropriate to keep him behind bar. Hence, the following order :-
ORDER
(i) The application is allowed.
(ii) Applicant Amol Ganpat @ Gampu Jadhav be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No 342 of 2022 registered with Police Station Nanalpeth, District Parbhani for the ofences punishable under Sections 323, 364-A, read with Section 34 of the
Indian Penal Code on the following conditions : (a) The applicant shall not tamper with the prosecution witnesses.
(b) He shall not involve in similar crime.
( S. G. MEHARE ) JUDGE ysk