Nilesh Machindra Naiknaware v. The State Of Maharashtra

1 906.2609.19 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2609 OF 2019 Nilesh Machindra Naiknaware .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Ritesh Thobade for the applicant Mr. S. V. Gavand APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

DECEMBER 19, 2019.

P.C.

Applicant came to be charge-sheeted for offence punishable under Sections 307, 385, 387 r/w 34 of the Indian Penal Code and Section 3 & 25 of the Indian Arms Act. Applicant came to be arrested on 13/03/2018.

History speaks of applicant committing two offences; one punishable under Section 324, 327 of the Indian Penal Code and January and present offence in March which speaks of criminal

2 906.2609.19 ba.doc mind of the applicant.

Applicant was apprehended on the spot when he tried to use firearm against the complainant in the matter of exttortion. Statement of witnesses namely Mahesh Tawre, Dilip Ukrande etc. in categorical terms supports the case of prosecution. In view of above offence which prima facie demonstrates the involvement of the accused in a serious offence which is punishable with 10 years, no case for bail is made out. Application stands rejected.

If the charge is not framed within period of 9 months from today, liberty to move afresh.

[NITIN W. SAMBRE, J.]