Krishna Baban Lokhande v. State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2025.03.11 14:50:55 +0530 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 829 OF 2024 Krishna B. Lokhande ...Applicant V/s.

State of Maharashtra

...Respondent.

..............

Mr. Debajyoti Talukdar for the Applicant.

Mr. C.D. Mali, APP for the Respondent/State.

API Hasina Shikalgar, Hadapsar Police Station present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

13.02.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.72 of 2021 registered at Hadapsar Police Station, Pune city for the offences punishable under Sections 392, 395, 120(B) read with 34 of the Indian Penal Code, Section 37 (1) read with 135 of the Maharashtra Police Act, Section 4 of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

3.

According to the prosecution, the present applicant is a member of organised crime syndicate formed by co-accused Ganesh Pawar. It is alleged that on the date of alleged incident which took place on 23.01.2021, at about 10.00 pm, the present applicant and other co-accused accosted the complainant, while he was on the way to his home and robbed him of gold chain and bracelet, which were on his person. There are allegations of assault also.

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4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

5.

The bail is sought on the ground of parity. In support of the said submission, the learned counsel for the applicant has placed on record copies of the orders passed by this Court and Sessions Court. It is further submitted that the applicant is in jail for four years and the trial has not commenced. It is therefore, submitted that the applicant may be released on bail.

6.

On the other hand, the learned APP for the respondent/State submits that the applicant is involved in serious crime. It is submitted that there are six more crimes against the present applicant. It is submitted that the applicant committed the present crime, while he was externed. It is submitted that the applicant may not be released on bail.

7.

It appears that the Sessions Court has granted bail to the similarly circumstanced co-accused Ajay Ghadge. In that view of the matter, I am inclined to release the applicant on bail on certain conditions. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 72 of 2021 registered at Hadapsar Police Station, Pune city for the 2/3

offences punishable under Sections 392, 395, 120(B) read with 34 of the Indian Penal Code, Section 37 (1) read with 135 of the Maharashtra Police Act, Section 4 of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not enter into the limits of Pune district except to attend the dates before the trial Court till conclusion of the trial.

[N.R.BORKAR, J.] 3/3