Shivanand Vitthal Shrirame v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1184 OF 2024 Shivanand Vitthal Shriram ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Ms. Priyanka Deshpande i/by Prachiti Deshpande, for the applicant. Ms. Geeta Mulekar, APP for the Respondent/State. H.D. Kokate, Head Constable, Khalapur Police Station, Present. ---------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.07.18 19:17:56 +0530 DATE :

18TH JULY 2024.

VARSHA DEEPAK GAIKWAD PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.0233 of 2020, registered with Khalapur Police Station, Raigad for the offences punishable under Sections 395, 385, 170 and 120-B of the Indian Penal Code, (for short, 'IPC').

3.

The applicant is in jail from last 4 years and after completion of the investigation the charge-sheet has been filed. 4.

The learned APP strongly opposed the application.

However, having considered the charge-sheet and the material collected by the IO, I am of the opinion that prima facie there is no sufficient incriminating material available on record to show the involvement of the applicant in the alleged offence. 5.

In that view of the matter and considering the period of incarceration, I am of the opinion that the applicant is entitled for grant of bail. 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.0233 of 2020, registered with Khalapur Police Station, Raigad for the offences punishable under Sections 395, 385, 170 and 120-B 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 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;

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

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

6.

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