Amol Siddharth Dive v. The State Of Maharashtra And Another
2025:BHC-AUG:15376
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 985 BAIL APPLICATION NO.956 OF 2025 AMOL SIDDHARTH DIVE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr.P.B.Vikhe APP for Respondent-State : Mr.D.J.Patil ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 18.06.2025 P.C. :
1] Leave granted to correct the prayer clauses.
2] Heard learned counsel for the applicant and the learned APP for the respondent-State.
3] The applicant is seeking bail as he is arrested on 14.02.2025 in connection with Crime No.158/2025, registered with Shirdi Police Station, District Ahmednagar, for the offences punishable under sections 3, 25, 7 of the Arms Act.
4] It is the case of the prosecution that the applicant was found in possession of a country made pistol and two live cartridges. As such, the FIR is registered. 5] The learned counsel for the applicant submits
that the country made pistol has been seized by the police and there is no allegation that the applicant has used the said weapon. The learned counsel for the applicant relies upon the order dated 10.06.2025 passed by this Court in Bail Application No.944/2025 and submits that Section 7 of the Arms Act would not be applicable in the instant case. He further submits that the applicant is in custody from 14th February, 2025 and for the aforesaid offence, the maximum punishment is of 5 years.
6] The learned APP submits that there are three antecedents against the applicant and out of which one offence is under Section 323 of the IPC.
7] The applicant is in custody from 14th February, 2025 and the offence is punishable with maximum of 5 years sentence. In view of the same, the application is allowed in the following terms :
a] The applicant shall be released on bail in connection with Crime No.158/2025, registered with Shirdi Police Station, District Ahmednagar, for the offences punishable under sections 3, 25, 7 of the Arms Act, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicant shall not enter the jurisdiction of concerned Police Station during pendency of the trial. c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.
g] The applicant shall not involve in similar type of offences.
8] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the
observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
9] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC