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Bombay High CourtBA/1009/2024application allowed

Ashok Narayan Kakde And Another v. The State Of Maharashtra

2024-08-30Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:20089 938-BA-1009-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1009 OF 2024 1.

Ashok Narayan Kakde, Age 56 years, 2.

Kakasaheb Limbaji Kakde, Age 71 years R/o. Wadkha, Post Warzadi, Tq. And Dist. Ch. Sambhajinagar ..

Applicants

Versus

The State of Maharashtra .. Respondent Mr. Sambhaji S. Tope, Advocate for Applicants; Ms. M. N.Ghanekar, A.P.P. for Respondent CORAM : S. G. MEHARE, J.

DATE : 30-08-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent.

2.

The applicant seeks bail in C.R.No.0644 of 2023 registered with CIDCO Police Station, District Ch. Sambhajinagar, for the offences punishable under Sections 406, 408, 409, 420, 467, 468, 471, 120B read with Section 34 of the Indian Penal Code. 3.

The learned counsel for the applicants submits that on identical allegations every time police have registered a fresh crime. In all complaints, the investigation is also identical. Nothing new is to be investigated because in earlier crimes, same exercises were done. He placed on record eight orders granting

938-BA-1009-24.odt bail in different crimes. There appears no dispute that the allegations in all crimes against the applicants are identical. Considering the facts and circumstances of the case, the Court is of the view that nothing new is to be investigated in the present crime. In view of the earlier bail orders, the applicants deserve bail. Hence, the order;

ORDER

i) The application is allowed.

ii) Applicants No. (1) - Ashok Narayan Kakde and (2) Kakasaheb Limbaji Kakde be released on bail, on furnishing PB and SB of Rs.50,000/- each, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) They should not tamper with the prosecution witnesses. (b) They should not leave the place of their residence without leave of the trial Court till the conclusion of the trial. (c) They should attend the trial on each and every date. ( S. G. MEHARE ) JUDGE rrd