Bhagwat Motiram Lilke v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1940 OF 2024 Bhagwat Motiram Lilake ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Aniket Vagal a/w. Savvy N. Pednekar, for the applicant. Mr. Sameer Mangaonkar, APP, for the Respondent/State. Mr. S.E Netavate, PSI, Dindori Police Station, Present. ---------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.08.20 13:47:36 +0530 VARSHA DEEPAK GAIKWAD DATE :
19TH 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.1 of 2020, registered with Dindori Police Station, Nashik for the offences punishable under Sections 302, 341, 324, 143, 147, 148,149, 323, 504, 506 and 427 of the Indian Penal Code.
3.
In the present matter the informant is the eye-witness and the offence is very serious. However, the applicant is in jail from last more than 57 months and in the said backdrop if the status of the trial is considered, till date the charge is not framed.
4.
From the charge-sheet it is evident that, there are about 16 prosecution witnesses. Thus, considering the pace with which the trial is proceeding, there is no end of the trial in sight. 6.
Furthermore, there are no antecedents against the applicant and it is evident that the motive was some enmity between the two groups.
7.
Thus, considering the above referred facts and circumstances, though the learned APP is strongly opposing the application, I am of the view that in light of the judgment of the Hon'ble Supreme Court in the case of Sheikh Javed Iqbal @ Ashfaq Ansari @ javed Ansari vs. State of Uttar Pradesh')1, the applicant is entitled for grant of bail by putting certain stringent conditions. Accordingly, I pass the following order:
ORDER
(i) Criminal Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.1 of 2020, registered with Dindori Police Station, Nashik for the offences punishable under Sections 302, 341, 324, 143, 147, 148,149, 323, 504, 506 and 427 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
( 2024) SCC Online SC 1755
iii) The applicant shall not enter into the territorial jurisdiction of the Dindori Police Station, District-Nashik, till the conclusion of the trial;
iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st and 16th day of every month between 10.00noon to 11.00 a.m., till the conclusion of the trial except on the date 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 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.
(ANIL S. KILOR, J)