Mahesh Dnyaneshwar Dhotre And ANR. v. The State Of Maharashtra

ppn 1 909.ba-832.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.832 OF 2019 Mahesh Dnyaneshwar Dhotre & Anr.

..

Applicants Vs.

State of Maharashtra ..

Respondent --- Mr.Balwant V. Salukhe for the applicants.

Ms.S.S.Kaushik, APP for respondent-State.

Mr.J.J. Gajbhare, PSI, Pandharpur City Police Station. --- CORAM : P.N. DESHMUKH, J.

DATE : 11th April 2019 P.C.:

.

Heard learned counsel for applicants and learned APP. Investigating Officer is present. Perused case diary. 2.

Perusal of report upon which offence is registered though establishes involvement of both applicants in this crime, property involved is sand valued for Rs.600/- only, which is admittedly seized along with two wheeler of applicants in the present crime. 3.

Learned APP opposed application for grant of bail on the ground that applicants, who are indulged in excavation of sand from sand guard, are also involved in another C.R.578 of 2017 involving theft of sand. Admittedly applicants are not found indulged into such

ppn 2 909.ba-832.19.doc activities but their involvement is limited to transporting sand on motor cycle. In that view of the matter and as investigation is in process, application is liable to be allowed by imposing suitable conditions as per order below : -

ORDER

(i) Applicants in C.R.No.192 of 2019 registered with Pandharpur City Police Station for offences punishable under Sections 353, 379 and 34 of IPC, they shall be released on bail on their executing P.R. Bond in the sum of Rs.15,000/- each with one surety each in the like amount; (ii) While on bail, applicants shall mark their presence with investigating officer on each Monday between 10 a.m. to 1.00 p.m. till filing of charge-sheet and thereafter first day of each month pending trial and shall co-operate with investigation;

(iii) Application is allowed in above terms.

P.N. DESHMUKH, J.