Darshan Sunil Salve v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH

AT AURANGABAD 927 BAIL APPLICATION NO.1695 OF 2022 DARSHAN SUNIL SALVE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Magre Sunil G.

APP for Respondent-State : Mr. V. M. Kagne.

...

CORAM :

S. G. MEHARE, J.

DATE :

18.11.2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is a young boy. He has been arraigned as an accused in a serious crime of robbery committed in the wee hours. Immediately after the incident, the applicant has been arrested. Some articles allegedly robbed by him have also been seized from him. He is behind the bars from last 90 days. The charge sheet is yet not filed, as the other accused are allegedly absconding.

3.

The bail is claimed on the ground that there are no antecedents to his discredit. He is student of B.Pharmacy, II

year. His father runs auto rickshaw. He has been falsely implicated in the crime. He is residing in hostel near the spot of the incident. His educational career is likely to affect due to his arrest. This was his first offence. He is from good family. Nothing is to be recovered from him.

4. Learned APP opposed the application contending that the applicant fled away from the spot of the incident, but he fell down. Therefore, he was apprehended and sent to the Medical Examination. Some incriminating evidence is recovered from the applicant. Two consecutive incidents happened in the same night. The offence is serious. Hence, it would not appropriate to release the applicant at this juncture.

5.

No doubt the offence is apparently serious. However, the material investigation against the applicant has been completed. The age of the applicant has to be considered to protect his future. This is the first offence in which the applicant has been involved. He is pursuing his B.Pharmacy, II year. His family appears working hard to make him a good man, but the possibility of his capture by the wrong persons cannot be ruled out. If the applicant kept in jail for more

period with the harden criminals, that may ruin his life. On this consideration, the bail is granted to him on certain stringent conditions. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant DARSHAN SUNIL SALVE be released on bail on furnishing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety of the like amount, in Crime No.574 of 2022, registered by Police Station Ahmednagar Taluka, Taluka and District Ahmednagar, for the offences punishable under Sections 395, 397 of the IPC, on the following conditions :

(a) He shall not roam in the night and odd hours around the hostel, college and the town where he resides.

(b) He shall co-operate with the Investigating Officer.

(c) He shall promptly report his father daily between 8.00 p.m. to 9 p.m. on phone that he is in hostel and early in the morning at 7.00 a.m. that he is going to college, if any.

(d) He shall not company the boys having bad past.

(e) He shall avoid to go to the Dhabas and Hotels at odd hours.

(f) He shall abide the conditions till the conclusion of the trial and completion of his education.

(S. G. MEHARE, J.) ...

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