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Bombay High CourtBA/1537/2024rejected

Bhavesh Bhalchandra Jadhav v. State Of Maharashtra

2024-08-30Hon'Ble Shri Justice Anil S. Kilor2 pages

909-BA-1537-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1537 OF 2024 Bhavesh Bhalchandra Jadhav ...

Applicant V/s.

State of Maharashtra ...

Respondent ------------------- Mr. Shubham Kadam with Vishal Kolekar I.by Randhir Kale, for the applicant.

Ms. Geeta Mulekar, APP, for the Respondent / State. ---------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.08.31 13:22:09 +0530 VARSHA DEEPAK GAIKWAD DATE :

30TH 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.11 of 2023, registered with Palghar Police Station, for the offences punishable under Sections 420, 467, 468, 471, 120(B) r/w. 34 of the Indian Penal Code.

3.

Having gone through the charge-sheet and the material collected by the IO particularly CCTV footage wherein the applicant was seen with the co-accused persons. This is a case of impersonation and thereby withdrawing the amount of land acquisition compensation varsha

909-BA-1537-2024.doc which was meant for the owner of the land acquired by the government and who had expired. The offence is serious and it is evident from the record that the applicant is the main accused. 4.

In the circumstances, though certain amount was recovered, that cannot be a ground for grant of bail. Thus, considering the seriousness of the offence and nature of the evidence available on record, I am of the opinion that this is not a fit case for grant of bail. 5.

Accordingly, the application is rejected.

6.

At this stage, the said applicant seeks permission to move afresh if there is no progress in the trial.

7.

Liberty is granted to the applicant to apply afresh for grant of bail before the trial Court if there is no progress in the trial in next one year.

8.

The learned counsel for the applicant undertakes to place the copy of this order on the record of the trial Court within two weeks from today.

(ANIL S. KILOR, J) varsha