Raghunath Nana Shinde v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1930 OF 2024 Raghunath Nana Shinde Applicant versus The State of Maharashtra Respondent Mr.Hrishikesh Mundargi i/by Ms.Shraddha Sawant, Advocate for Applicant.

Mrs.Geeta P.Mulekar, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

5th 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.118 of 2021 registered with Yeola Police Station, District Nashik, for the offences punishable under Sections 420, 467, 468, 471, 409, 201 r/w 34 of the Indian Penal Code.

3.

In the present matter except the Applicant out of six accused persons all are released on bail. As far as role of accused nos.1 and 2 is concerned, it appears that it is similar with present Applicant. It is evident that the allegations against accused no.2 are of fabrication of record. The maximum punishment for the offence u/s.467 of IPC is life or imprisonment for ten years.

4.

This Court vide order dated 15th September 2023 in Bail MANISH SURESHRAO THATTE Date: 2024.07.08 16:42:58 +0530 MANISH SURESHRAO THATTE Application No.133 of 2023 granted bail to accused no.2 considering the matter on merits as well as the period of incarceration.

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In the present matter the Applicant was arrested on 6th May 2022. Thus, he is in jail for more than two years. The charge sheet has already been filed and relevant record is in the custody of Investigating Office., Moreover, considering the period of incarceration and the fact that the co-accused have already been released on bail, I am of the opinion that Applicant is entitled for grant of bail on parity, too.

ORDER

(i) Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.118 of 2021 registered with Yeola Police Station, District Nashik, for the offences punishable under Sections 420, 467, 468, 471, 409, 201 r/w 34 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 enter into territorial jurisdiction of Yeola Police Station, District Nashik, till conclusion of trial, except for trial;

(iv) The Applicant shall provide his address and name of nearby Police Station to the Investigating Officer and attend said Police Station on 1st and 16th day of every month between 12.00 noon and 2.00 pm till conclusion of trial; (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 for cancellation of bail if the

3 of 3 37.BA.1930.2024.doc 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.

6.

Learned counsel for Applicant makes a statement that Applicant does not have difficulty to adhere to above referred conditions till conclusion of trial (ANIL S.KILOR, J.) MST