Kiran Rajendra Pisal v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION. NO. 942 OF 2024 Kiran Rajendra Pisal ... Applicant

Versus

State Of Maharashtra

...Respondent

....

Mr. Ranjeet M. Pawar, for the Applicant.

Mr. Avinash A. Naik, A.P.P. for the Respondent - State. K.S. Vhatkar, API, Khadak Police Station, Pune, present. ....

CORAM

:

N.R. BORKAR, J.

DATE :

7th AUGUST, 2024 P.C.

:

1.

This is an application under Section 439 of the Code of Criminal Procedure.

2.

The applicant came to be arrested in Crime No. 40 of 2016 registered at the Khadak Police Station, Pune City for the offences ARUN RAMCHANDRA SANKPAL punishable under Section 392, 120(B) of Indian Penal Code read ARUN RAMCHANDRA SANKPAL Date: 2024.08.07 18:41:23 +0530 with Section 3(1) (ii), 3(2), 3(4) of Maharashtra Control of Organised Crime Act.

3.

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

4.

The learned counsel for the applicant submits that the applicant is in jail for more than eight years. It is submitted that the trial is at initial stage as the prosecution has examined only one witness. It is further submitted that this Court by order dated 20.12.2023 in Bail Application No. 3627 of 2023 has released the gang leader on bail.

5.

On the other hand, the learned APP submits that the applicant is a member of organized crime syndicate and is involved in six more crimes. It is submitted that looking at the seriousness of offences, the applicant may not be released on bail. 6.

It is not disputed that the applicant is in jail for more than eight years. It is also not disputed that the trial is at initial stage. 7.

Considering the overall facts and circumstances, I am inclined to release the applicant on bail on the following conditions.

(i) Application is allowed.

(ii) The applicant shall be released on bail in Crime No. 40 of 2016 registered at Khadak Police Station, Pune City for the offences punishable

under Sections 392, 120(B) of Indian Penal Code read with Section 3(1) (ii), 3(2), 3(4) of Maharashtra Control of Organised Crime Act on furnishing PR bond in the sum of Rs.1,00,000/- with one or more sureties in the like amount. (iii) The applicant shall not enter into Pune District till conclusion of trail except to attend the dates before the trial Court.

(iv) The applicant shall provide the details of place where he is going to reside after his release on bail to the trial Court and concerned Police Station.

(v) The applicant shall attend the Police Station within whose jurisdiction he is going to reside after his release once in a month i.e., on first Saturday till conclusion of trial.

(N.R. BORKAR, J.)