Monish Ashok Gharat v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.820 OF 2024 Monish Ashok Gharat, Age 23 years, Occ.Student, R/o.Balaji Darshan Society, Flat No.101, Sector-16, Plot No.60, Ulve, Tal.Panvel, Dist.Raigad.

(Presently lodged at Taloja Central Prison) Applicant versus The State of Maharashtra Respondent Mr.Ateet Shirodkar with Mr.Ganesh Gote, Advocate for Applicant. Mr.Shailesh Ghag, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

5th September 2024 PC :

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.126 of 2023 registered with Nhava Sheva Police Station, District Raigad, for the offences punishable under Sections 307, 353, 279, 336, 427, 504, 506 of the Indian Penal Code r/w Section 3 of Prevention of Damages of Public Property Act and u/s.184, 239/177, 4-122/177 of Motor Vehicles Act.

3.

Having gone through the charge sheet and the relevant documents available on record it is evident that the Applicant had MANISH SURESHRAO THATTE Date: 2024.09.06 16:10:59 +0530 MANISH SURESHRAO THATTE rashly and negligently driven the vehicle and caused threat to the life of many persons and number of vehicles were damaged and created terror. In the above backdrop submission of learned counsel for

2 of 2 910.BA.920.2024.doc Applicant is that the offence u/s.336 of IPC would at the most be attracted and not Section 307 would be applicable, cannot be accepted.

4.

In that view of the matter, since sufficient incriminating material is available on record to show involvement of Applicant in the offence and as the offence is serious, I am not inclined to grant relief. The application is rejected.

5.

At this stage learned counsel for Applicant seeks liberty to apply afresh if there is no progress in near future. 6.

Liberty is granted to Applicant to apply afresh before Trial Court after nine month, if there is no progress in trial. (ANIL S.KILOR, J.) MST