Mohan Sadashiv Kadam @ Patil v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.576 OF 2024 Mohan Sadashiv Kadam @ Patil ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Ashok Mundargi, Senior Counsel I.by Mr. Varun V. Thokal, for the applicant.

Mr. Sameer Mangaonkar, APP, for the Respondent/State. ---------------------

CORAM

:

ANIL S. KILOR, J.

DATE :

5TH JULY, 2024.

VARSHA DEEPAK GAIKWAD PC:

VARSHA DEEPAK GAIKWAD Date: 2024.07.05 17:23:49 +0530 1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.88 of 2023, registered with Uttamnagar Police Station, Pune, for the offences punishable under Sections 387, 368, 365, 364-A, 342, 352, 323, 212, 504, 506, 120-B, 107 and 109 read with 34 of the Indian Penal Code (for short, 'IPC').

3.

In the present matter, after completing the investigation, the charge-sheet has been filed. During the investigation, police have

seized the relevant material. In addition to this, all six co-accused were released on bail.

4.

It is evident from the charge-sheet that the applicant was not present at the spot but he allegedly hatched the conspiracy. 5.

The applicant is in jail from last about one year and there are no antecedents against the applicant. Moreover, considering his status in life, there is no possibility that he will not be available for trial. In the circumstances, I am of the opinion that further custody of the applicant is not necessary. Accordingly, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.88 of 2023, registered with Uttamnagar Police Station, Pune, for the offences punishable under Sections 387, 368, 365, 364-A, 342, 352, 323, 212, 504, 506, 120-B, 107 and 109 read with 34 of the Indian Penal Code (for short, 'IPC'), on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the Police Station on 1st day of every month between 11.00a.m to 12.00

noon, till the conclusion of the trial except on the date of trial;

iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

v) Liberty is granted to the State to apply for cancellation of bail if the applicant commits similar offence.

vi) The applicant shall attend the trial before the Special Court regularly on every date unless exemption is granted by the Special Court.

6.

The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)