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Bombay High CourtBA/649/2022application allowed

Anna @ Annasaheb S/O Ahalaji Shinde v. The State Of Maharashtra

2022-07-21Hon'Ble Shri Justice R. G. Avachat2 pages

924-BA-649-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 649 OF 2022 Anna @ Annasaheb Ahalaji Shinde ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. R. D. Kawade, Advocate for applicant Ms P. V. Diggikar, APP for respondent ....

CORAM : R. G. AVACHAT, J.

DATED : 21st JULY, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0103/2022, registered with Jamkhed Police Station, District Ahmednagar, for the offence punishable under Sections 3/25 and 7/27 of the Indian Arms Act. 2.

Heard.

Perused the First Information Report (FIR) and the related papers.

3.

The learned APP has opposed for grant of the application on the ground that bullets were recovered from the applicant and as

(( 2 )) 924-BA-649-2022 such, there is material to indicate his involvement in the offences under the Arms Act. She, therefore, urged for rejection of the application.

4.

The fact is that the co-accused from whom the firearm has been recovered, has been granted bail. Two bullets have been recovered from the applicant. On the ground of parity and considering the nature of the offence and the fact that the charge-sheet has already been filed, the application deserves to be allowed. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.0103/2022, registered with Jamkhed Police Station, District Ahmednagar, for the offence punishable under Sections 3/25 and 7/27 of the Indian Arms Act, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

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

[ R. G. AVACHAT, J. ] SMS