← Library
Bombay High CourtBA/1098/2022application allowed

Rahul Sheshrao Jadhav v. The State Of Maharashtra

2022-08-12Hon'Ble Shri Justice R. G. Avachat3 pages

969-BA-1098-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1098 OF 2022 Rahul Sheshrao Jadhav ... Applicant

Versus

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

Mr. A. K. Bhosle, Advocate for applicant Mr. A. V. Deshmukh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 12th AUGUST, 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.0510/2021, registered at Chikalthana Police Station, Aurangabad, District Aurangabad, for the offences punishable under Sections 392, 395 read with 34 of the Indian Penal Code.

2.

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

(( 2 )) 969-BA-1098-2022 3.

The learned APP has strongly objected to grant relief. According to him, the applicant has criminal antecedents and the offence is serious one.

4.

The co-accused, who appears to have played major role, was granted bail only because he had suppressed the fact to have withdrawn his application for bail moved before the High Court. The trial Court has cancelled his bail. The said order has been stayed by this Court. The applicant herein is just 27 years of age. He is reported to have been acquitted of the offence which was registered against him in the past. Nothing has been recovered from the present applicant.

5.

It is informed that the informant has filed an affidavit before the trial Court stating therein that the applicant has not played any role in the alleged offence and with a misunderstanding he has named in the FIR.

6.

Considering the age of the applicant and the role played by him in the alleged offence, I am inclined to grant him bail. Hence, following order:

(( 3 )) 969-BA-1098-2022

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.0510/2021, registered at Chikalthana Police Station, Aurangabad, District Aurangabad, for the offences punishable under Sections 392, 395 read with 34 of the Indian Penal Code, 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