Sagar Motiram Shinde v. The State Of Maharashtra
2024:BHC-AUG:28866-DB 8-crappln4844.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4844 OF 2024 IN CRIMINAL APPEAL NO.995 OF 2024 Sagar Motiram Shinde ..Applicant Vs.
The State of Maharashtra ..Respondent ---- Mr.Akshay H. Bankpure, Advocate for applicant Mr.S.J.Salgare, APP for respondent ----
CORAM
:
R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.
DATE :
DECEMBER 09, 2024 ORDER :- Heard learned counsel appearing for the applicant/ appellant on-line. He submits that all other co-convicts have been released on bail on the ground of long incarceration. He submits that the first order was passed at the Principal Seat, at Bombay. Thereafter, this court passed orders in respect of the other co-convicts. He submits that present applicant stands on the same footing as that of the co-convicts, who have been granted bail, during pendency of the appeals.
2.
Learned APP does not dispute the above position. He submits that appropriate order may be passed by taking into consideration the gravity of the offence.
8-crappln4844.2024 3.
We have perused the application and the orders passed by the Principal Seat in Interim Application No.3768 of 2022 in Criminal Appeal No.263 of 2019 dated 01.02.2024; and in Interim Application Nos.349 of 2023 and 352 of 2023 in Criminal Appeal No.279 of 2024 dated 03.07.2024.
4.
There is no dispute that present applicant stands on the same footing as that of the co-convicts who have been released on bail, during pendency of the appeal. Hence, we proceed to pass the same order.
ORDER
(i) The applicant shall be released on bail in Special MCOC Case No.1/2011, arising out of CR No. 113 of 2011, registered with Shirdi Police Station, on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with one or two solvent local sureties in the like amount.
(ii) After release from jail and during pendency of the present appeal, the applicant shall attend Shirdi Police Station, Dist. Ahmednagar, on every first Monday of the month between 10.00 am and 12.00 noon, initially, for a period of one year. After end of one year, the
8-crappln4844.2024 applicant shall attend Shirdi Police Station, District Ahmednagar, on every first Monday of every 3rd month between 10.00 am and 12.00 noon. The applicant, thus, shall attend Shirdi Police Station, Dist. Ahmednagar, four times in a year, during pendency of the present appeal.
(iii) In case of two consecutive defaults in complying with the aforesaid conditions, the prosecution is at liberty to file an application for cancellation of bail.
(iv) Applicant shall inform his prospective residential addresses to the trial Court. He shall keep informed the trial Court in case of change in his residential address and mobile number, on which he can be contacted.
(v) The applicant shall make himself available at the time of final hearing of the appeal.
(vi) The application stands disposed of accordingly [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP