Sunil S/O Fakkad Adsure v. The State Of Maharashtra And ANR

1 Cri. Appln. 2209-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2209 OF 2016 Sunil S/o Fakkad Adsure .. Applicant Vs.

The State of Maharashtra and anr.

.. Respondents .....

Mr. D.R. Jayabhar, Advocate for the applicant Mr. S.D. Ghayal, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 01/07/2016 ORAL ORDER :

Heard.

2.

The applicant came to be arrested on 5/12/2015 in Crime no.I-189 of 2015 registered on 3/12/2015 at Supa Police Station, Tq. Parner, Dist. Ahmednagar for the offences punishable under section 392, 397 r/w. 34 of the Indian Penal Code.

3.

It is brought to my notice that the investigation in the matter is already complete and chargesheet is filed. Shri Jaybhar, learned counsel

2 Cri. Appln. 2209-2016 for the applicant invites my attention to certain papers, which are placed on record, so as to demonstrate that the applicant is a student, taking education in a polytechnic college. According to him, the applicant may ruin his career and may not persuade to study his education, if not released on bail.

4.

Learned A.P.P. opposed the application on the ground that there are criminal antecedents i.e. crime no.I-391 of 2015 committed on 5/12/2015. In my opinion, crime nos.I-189 of 2015 and I-391 of 2015 were committed within a span of three days. In crime no.I-391 of 2015, applicant was already released on bail by this Court on 27/4/2016 in Criminal Application No. 2053 of 2016.

5.

This Court is inclined to give a chance to the applicant and, as such, having regard to the filing of the chargesheet and the fact that the applicant is taking education, the following order:-

3 Cri. Appln. 2209-2016 6.

The applicant be released on bail in Crime no.I-189 of 2015 registered with Supa Police Station, Tq. Parner, Dist. Ahmednagar for the offences punishable under section 392, 397 r/w. 34 of the Indian Penal Code, upon his executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) with one surety in the like amount. 7.

The applicant shall not tamper with the prosecution evidence or influence the witnesses in any manner.

8.

During trial, the applicant shall cooperate with the Court below by not seeking unnecessary exemptions and shall not protract the trial.

9.

Any attempt on the part of the applicant to protract the trial, if noticed by the learned Court below, it shall be open for the Court below to proceed with cancellation of bail of the applicant.

4 Cri. Appln. 2209-2016 10.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-