Dada Hanumant Jadhav v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2191 OF 2024 Lakhan Popat Bhosale ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH BAIL APPLICATION NO. 439 OF 2024 Dada Hanumant Jadhav ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH BAIL APPLICATION NO. 2440 OF 2023 Vikas Kiran Shinde ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Rahul Dhaigude a/w Mr. Sanket Mane in BA 2191/2024, Advocate for the Applicant.
Mr. Sidheshwar N. Birajdar, Advocate for the Applicant in BA 439/2024.
Mr. Shailesh Chavan a/w S.P. Sahane, Mr. Hrishikesh Avhad and Sachin Pawar, Advocate for the Applicant in BA 2440/2023. Mrs. G. P. Mulekar in BA 2191/2024 and Mrs. G. S. Rao in BA 439/2024 and BA 2440/2023, A.P.P. for the Respondent - State.
Mr. Rahul Sable (PSI), Pune Police Station Vadgaon Nimbalkar, Pune Rural, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
15th APRIL, 2025.
P.C.
:
1.
These are the applications for regular bail.
2.
As all these applications for bail are arising out of one and the same crime, they are being disposed of by this common order.
3.
The applicants came to be arrested in Crime No.61 of 2021 registered at Pune Police Station Vadgaon Nimbalkar District : Pune Rural, for the offences punishable under Section 395 of the Indian Penal Code (for short 'IPC') and Section 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crime Act (for short 'MCOC' Act).
4.
According to the prosecution the present applicants are the members of the organised crime syndicate formed by Ajay Bhosale who according to the prosecution alongwith the members of his gang committed offences of dacoity, theft etc. The allegations against the applicants in the present crime are of dacoity.
5.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
6.
The bail is sought on the ground of long incarceration as under trial-prisoner. The learned counsel for the applicants submits that the applicants are in jail for four years and two months and trial has not commenced. It is submitted that there are multiple witnesses and thus the trial is not likely to be concluded in the near future. It is, thus, submitted that the applicant may be released on bail.
7.
On the other hand, the learned A.P.P. for the Respondent-State submits that the applicants are the members of organized crime syndicate. It is submitted that the applicants are involved in multiple crimes of the similar nature. It is submitted that the applicants therefore may not be released on bail and instead the trial be expedited. 8.
The fact that the applicants are in jail for more than four years and the trial is still at the stage of framing of charge is not disputed. Considering the said facts, I am inclined to release the applicants on bail on certain conditions.
ORDER
(i) Criminal Bail Applications are allowed;
(ii) The applicants are directed to be released on bail in connection with Crime No.61 of 2021 registered at Pune Police Station Vadgaon Nimbalkar District : Pune Rural, for the offences punishable under Section 395 of the Indian Penal Code (for short 'IPC') and Section 3(1) (ii), 3(4) of the Maharashtra Control of Organized Crime Act (for short 'MCOC' Act) on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;
(iii) The applicants shall not enter into the limits of Pune District except to attend the dates before the Trial court;
(iv) The applicants shall attend the Vaduj Police Station, Taluka : Khatav, Dist : Satara twice in a month i.e. on first and third Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial;
(v) The applicants shall not commit any other crime; (vi) Liberty to the State to file an application for cancellation of bail if the applicants commit breach of any of the above conditions;
(vii) Application stands disposed of accordingly.
(N. R. BORKAR, J.)