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Bombay High CourtBA/2362/2022allowed

Nitin @ Charlie Dhondappa Shedshal v. The State Of Maharashra

2023-01-23Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2362 OF 2022 Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.01.24 10:44:09 +0530 Nitin @ Charlie Dhondappa Shedshal ...Applicant VS.

The State of Maharashtra

...Respondent

------------ Mr. Kuldeep Patil i/b. Ms. Saili Dhuru for the Applicant. Mr. S. H. Yadav, APP for the State.

Mr. U. S. Shaikh, PSI Valsang Police Station, Solapur is present.

PRADNYA MAKARAND BHOGALE ------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 23, 2023 P.C. :

1.

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

2.

Leave to amend. Amendment to be carried out forthwith.

3.

This is an application for bail by the applicant-Nitin @ Charlie Dhondappa Shedshal in connection with C.R. No.567 of 2021 dated 30/12/2021 registered with Valsang Police Station, District-Solapur for the offence punishable under Sections 363, 364-A, 120-B read with 34 of the Indian Penal Code, 1860.

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4.

There are five accused arraigned in the present C.R. The present applicant is the accused No.2. The allegation is pertaining to kidnapping of the victim boy aged 8 years by name Prithaviraj. Two days post his kidnapping, the boy returned home. The original accused Nos.3, 4 and 5 have been released on bail. The accused No.3-Laxman Kisan Chavan was released on bail by this Court by an order dated 07/12/2022 passed in Bail Application No.1767 of 2022. The present applicant is not identified by the mother and aunt of the victim in the test identification parade. There is nothing on record to show that the applicant has criminal antecedents. The applicant is in custody for a period of 1 year as he was arrested on 02/01/2022.

5.

For the reasons mentioned in the order dated 07/12/2022 in Bail Application No.1767 of 2022, even the present applicant deserves to be released on bail on the ground of parity.

6.

Hence, the following order :-

ORDER

(a) The application is allowed.

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(b) The applicant-Nitin @ Charlie Dhondappa Shedshal be released on bail in connection with C.R. No.567 of 2021 registered at Valsang Police Station, District-Solapur, on furnishing a P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of the concerned Court. (c) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses. (d) The applicant shall furnish the permanent address and contact details to the Inspector of Police, Valsang Police Station and intimate the change, if any. (e) The applicant shall regularly attend the proceedings before the jurisdictional Court.

7.

The Bail Application is disposed of.

(M. S. KARNIK, J.) 3/3