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Bombay High CourtBA/3222/2022allowed

Ajay Kiran Bhosale And ANR v. The State Of Maharashtra

2022-12-14Hon'Ble Shri Justice R. N. Laddha3 pages

by CHITRA SANJAY SONAWANE Date:

2022.12.15 11:07:49 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3222 OF 2022

1. Ajay Kiran Bhosale, Age 23 yrs, Occ: Labour R/o Tambewadi, Tal.Barshi, Dist.Solapur

2. Amol @ Lalya Bhushya Shinde Age 30 yrs, Occ: Labour R/o. Shardadevi Nagar, Vairag, Tal.Barshi, Dist.Solapur.

....

Applicants.

Versus

The State of Maharashtra Through Barshi Police Station, vide their C.R.bearing No.58 of 2021 dated 5.2.201.

.....Respondent.

...

Mr Abhay A. Jadhavar, Advocate for the Applicant. Mr V.B. Konde Deshmukh, APP for the State.

...

CORAM : R. N. LADDHA, J.

DATE : 14 DECEMBER 2022.

P.C.:

By this application, the Applicants are seeking bail in connection with C.R.No.58 of 2021 registered at Barshi Police Page No. 1 of 3

Station, District-Solapur against the Applicants for the offences punishable under Sections 395, 142, 413 of the Indian Penal Code.

2.

Mr Abhay Jadhvar, learned Counsel appearing on behalf of the Applicants, submitted that the Applicants have been languishing in jail for more than 6 months. It is submitted that initially FIR was lodged against unknown persons. It is submitted that no material is placed on record to link the Applicants with the alleged crime.

3.

Mr V.B. Konde Deshmukh, learned Additional Public Prosecutor appearing for the State, submitted that the offence was committed in well-planned design by the accused. The offence is serious. It is submitted that the Applicants were actively involved in the offence that led to the registration of the FIR against the accused persons.

4.

This Court has perused the copy of the charge sheet filed along with the accompanying documents. The Applicants are languishing in jail since 3.6.2022. Initially FIR was lodged against unknown persons. Test Identification Parade was not conducted. There is nothing on record to show that the Applicants have criminal antecedents. The investigation is already completed, and the charge sheet has been filed. Considering the nature of the accusations and material collected against the Applicants, a case of bail is made out .

Page No. 2 of 3

5.

In view of the above, the application is allowed in the following terms :

a) The Applicants Ajay Kiran Bhosale and Amol @ Lalya Bhushya Shinde shall be released on bail in connection with C.R.No.58 of 2021 registered at Barshi Police Station, District-Solapur, on furnishing a P.R. Bond in the sum of Rs.25,000/- each, with one or two sureties in the like amount to the satisfaction of the concerned Court.

b) The Applicants shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses. c) The Applicants shall furnish the permanent address and contact details to the Inspector of Police, Barshi Police Station and intimate the change, if any.

d) The Applicants shall regularly attend the proceedings before the jurisdictional Court.

6.

All the parties to act on an authenticated copy of this Order. [R. N. LADDHA, J.] Page No. 3 of 3