Sachin Vasant Dhotre v. The State Of Maharashtra

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1513 OF 2024 Sachin Vasant Dhotre ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Sandesh Manikhedkar, for the applicant.

Mr. S. M. Mangaonkar, APP for State-Respondent. Mr. Hemraj Nirmal, PSI,Present.

CORAM:- ANIL S. KILOR, J.

DATED:- 13th AUGUST, 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. 188 of 2022 registered with Dapoli Police Station, Dist. Ratnagiri for an offence punishable under Section 307 of the Indian Penal Code, 1860. 3) Having gone through the charge-sheet and the material collected by the Investigating Officer during the investigation and considering the period of incarceration, i.e. about two years and the fact that the chargesheet has been filed, I am of the opinion that though the learned APP is strongly opposing the application, the application needs to be allowed. 1/3

4) As far as the antecedents are concerned, the antecedents are of the period of 2008 to 2022 and except for one offence under Section 323 of IPC, others are not bodily offences. Furthermore, though the charge is framed, there is no progress in the trial and there is unlikelihood that the trial will be concluded in near future. 5) Thus, considering the fact that the charge-sheet has been filed and the applicant is in jail from last two years, I am of the opinion that the applicant is entitled for grant of bail. Hence, I pass the following order.

ORDER

i.

The Bail Application is allowed;

ii.

It is directed that the Applicant shall be released on bail in Crime No. 188 of 2022 registered with Dapoli Police Station, Dist. Ratnagiri for an offence punishable under Section 307 of the Indian Penal Code, 1860, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;

iii The applicant shall not enter into the territorial jurisdiction of Dapoli Police Station, till the conclusion of the trial except on the date of trial;

iv The applicant shall provide his address and name of the nearby police station to the I.O, which he shall attend the said Police Station on 1st and 16th day of every month between 12.00 noon to 2.00 p.m., till the conclusion of the trial except on the date of trial;

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v.

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; vi.

Liberty is granted to the State to apply cancellation of bail if the applicant commits similar offence.; vii.

The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.

viii. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 3/3