Amitkumar Dhanpat Dhaniya And Another v. The State Of Maharashtra And Another

908-BA-2089-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.2089 OF 2022 AMITKUMAR DHANPAT DHANIYA AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. P. R. Harshal APP for Respondents: Mr. S. P. Deshmukh .....

CORAM : S. G. MEHARE, J.

DATE : 14.02.2023 PER COURT :

1.

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

2.

The applicants have been arrested for the offences punishable under Sections 3, 7 and 25 of Arms Act registered with Chopda City Police Station, as they were found in unauthorized possession of the fire arms. The fire arms have been recovered. The chargesheet has also been filed.

3.

The learned A.P.P. opposed the application contending that the offence is serious. Huge number of pistols and live cartridges were recovered from the applicants. They were involved in the illegal business of selling the fire arms. The offence is serious. That apart, they are residents of Haryana State. Hence, there is every possibility of fleeing away.

908-BA-2089-22.odt 4.

As discussed above, the fire arms have been recovered. Nothing remained to be recovered from the applicants. However, to guard the apprehension of the prosecution that the applicants may flee away from the justice, certain conditions may be imposed. Hence, the following order :- (i) The application is allowed.

(ii) Applicants Nos. (1) Amitkumar Dhanpat Dhaniya and (2) Shaneshkumar Ramchandar Takshak be released on bail, on executing P.B. and S.B. of Rs.50,000/- each, with one solvent surety in the like amount, in C.R./F.I.R.No. 348 of 2022, registered with Chopda Police Station, Chopda, District Jalgaon, for the offences punishable under Sections 3, 7 and 25 of the Indian Arms Act, 1959, on the condition that they shall not leave Amalner and report the Amalner Police Station on first and last Sunday of every month, between 12 noon to 3.00 p.m., till conclusion of the trial.

( S. G. MEHARE ) JUDGE ysk