Yuvraj Ramchandra Jadhav v. The State Of Maharashtra

1 10.3305.18 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3305 OF 2018 Yuvraj Ramhandra Jadhav .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Vivek N. Arote advocate for the applicant Mr. S. S. Hulke APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 30, 2019.

P.C.

After arrest on 25/04/2018 for offence punishable under sections 307, 353, 224, 225, 332, 336, 337, 143, 147, 149, 504, 506 of the Indian Penal Code in Crime no. 99/2018 registered with Jath Police Station, Dist. Sangli, applicant came to be charge­sheeted. The allegation against the applicant as per the prosecution story is assault on the police party, particularly on lady constables.

2 10.3305.18 ba.doc The learned counsel for the applicant submits that the custodial interrogation of the applicant is already over and there is only one antecedent against the applicant in which he is acquitted. According to him, the story narrated in the F.I.R. attributing the role to the applicant is unrealistic.

The learned APP opposed the claim on the ground that the applicant is involved in various serious offences. According to him, the elder brother of the applicant is a history­sheeter with whose aid the applicant has acted in connivance with other accused persons. He submits that section 149 of the Indian Penal Code is invoked against the applicant.

Considered rival submissions. There are no criminal antecedents against the applicant.

Considering the conduct of the applicant of attacking the police party and the fact that all his family members are involved in the crime in question, in my opinion, applicant deserves to be released on following conditions:

3 10.3305.18 ba.doc (A) Applicant be released on bail in Crime no. 99/2018 registered with Jath Police Station, Dist. Sangli on furnishing P.R. bond in the sum of Rs. 50,000/­ with one or more sureties in the like amount.

(B) Applicant shall not influence witnesses or tamper with evidence.

(C) Till the conclusion of trial, applicant shall not enter the revenue jurisdiction of Satara District but for attending the trial.

(D) If found flout in the aforesaid conditions, it shall be open for the prosecution to move for cancellation of bail. Application stands disposed of.

[NITIN W. SAMBRE, J.]