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Bombay High CourtBA/1500/2024allowed

Panchappa Arjun Kale v. The State Of Maharashtra

2024-07-24Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1500 OF 2024 Panchappa Arjun Kale ...

Applicant V/s.

State of Maharashtra ...

Respondent WITH INTERIM APPLICATION NO.2698 OF 2024 Manappuram Finance Limited ...

Applicant V/s.

State of Maharashtra ...

Respondent VARSHA DEEPAK GAIKWAD ------------------- VARSHA DEEPAK GAIKWAD Date: 2024.07.26 15:23:24 +0530 Mr. Ujjwal Agandsurve, for the applicant.

Mr. Sameer Mangaonkar, APP, for the Respondent/State. Mr. Yogendra Pendse with Priyanka Patkar, for the applicant in IA. Mr. Vijay Patil, API, Crime Branch, Solapur City, Present. ---------------------

CORAM

:

ANIL S. KILOR, J.

DATE :

24TH JULY, 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.585 of

2023, registered with Fauzdar Chawdi Police Station, Solapur for the offences punishable under Sections 408, 465, 467, 468, 471, 477(A), 420 (B) of the Indian Penal Code,1860 (for short, 'IPC'). 3.

Having gone through the charge-sheet and the material collected by the IO during the investigation, it is evident that the IO has recovered certain amount from the co-accused and also the gold and thereby secured the amount as well as gold which was paid to the accused persons and given possession of the same. 4.

Considering the period of incarceration and the fact that the charge-sheet has been filed, though the learned APP and the learned counsel for the complainant are opposing the present application. In view of the fact that the co-accused Laxmikant Yatiraj Bihani has been granted bail by this Court on 24.07.2024 in Criminal Bail Application No. 919 of 2024, I am of the opinion that the applicant is entitled for parity. Accordingly, the application is allowed.

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.585 of 2023, registered with Fauzdar Chawdi Police Station, Solapur for the offences punishable under Sections 408, 465, 467, 468, 471, 477(A), 420 (B) of the Indian Penal Code, 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 for cancellation of bail in case of there is breach any condition or if the applicant commits any serious offence.

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

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