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Bombay High CourtBA/1131/2022application allowed

Amol Haivan Kale v. The State Of Maharashtra

2022-08-19Hon'Ble Shri Justice R. G. Avachat3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1130 OF 2022 Prashant Ghumir Chavan Age: 22 years, Occu.: Agri., R/o Chinchodi Patil, Tq. & Dist. Ahmednagar ..APPLICANT

VERSUS

State of Maharashtra Through P.I. Wadwani Police Station, Tq. Wadwani, Dist. Beed ..RESPONDENT WITH BAIL APPLICATION NO. 1131 OF 2022 Amol Haivan Kale Age: 20 years, Occu.: Agri., R/o Chikhali, Tq. Ashti, Dist. Beed ..APPLICANT

VERSUS

State of Maharashtra Through P.I. Wadwani Police Station, Tq. Wadwani, Dist. Beed ..RESPONDENT ....

Mr. R.G. Hange, Advocate for applicants Mr. V.S. Badakh, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 19th AUGUST, 2022 PER COURT :

1.

Both these applications for bail under Section 439 of Code of Criminal Procedure are being decided by this common order since same are arising out of one and the same crime. The applicants have been arrested in 1 / 3

connection with Crime No. 5 of 2022 registered with Wadwani Police Station, Dist. Beed for the offences punishable under Sections 395, 394, 457 and 459 of the Indian Penal Code.

2.

Heard. Perused the First Information Report ("F.I.R.") and related police papers.

3.

Learned A.P.P. has opposed for grant of applications on the ground that the applicants have criminal antecedents and stolen goods have been recovered from applicant - Amol.

4.

Considered the submissions advanced. On investigation, chargesheet has been filed. Both the applicants are in the age group of 20-22 years. Both the applicants have one criminal antecedent. It is however, informed that the applicants were transferred in the another crime when they were under arrest in some other crime. Considering the age of applicants and the fact that on investigation, charge-sheet has been filed, the applications deserve to be allowed. Hence I pass the following order :-

ORDER

(I) The bail applications are allowed.

(II) Both the applicants be released, in connection with Crime No. 5 of 2022 registered with Wadwani Police Station, Dist. Beed 2 / 3

for the offences punishable under Sections 395, 394, 457 and 459 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety in the like amount.

(III) Applicant - Prashant to attend Ahmednagar City Police Station, Dist. Ahmednagar and applicant - Amol to attend Ashti Police Station, Dist. Beed on every day by 09.00 p.m. until conclusion of trial.

(IV) The applicants shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 3 / 3