Saurabh @ Kukya Kailas Kharat v. The State Of Maharashtra

14-ba-2465024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2465 OF 2024 Saurabh @ Kukya Kailas Kharat ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Rahul K. Dhaigude a/w. Mr. Dipak Y. Jadhav for the Applicant. Ms G.P. Mulekar, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

23.01.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.49 of 2019 registered at Satara City Police Station, Satara for the offences punishable under Sections 302, 387, 120-B, 341 read with 34 of the Indian Penal Code and Sections 3(1)(i)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act.

3.

The deceased was the nephew of the complainant. They were running petrol pump. According to the prosecution, the applicant is a member of the organized crime syndicate formed by co-accused Mayur R. Jadhav. It is alleged that on the date of incident, which took place on 15.01.2019, the present applicant and other co-accused committed the murder of the deceased as the complainant and the deceased refused to pay them extortion money from their business income.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

Dinesh S. Sherla 1/2

14-ba-2465024.doc 5.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has produced on record the copy of order passed by the Hon'ble Supreme Court dated 09.01.2025 in Criminal Appeal (SLP) No. 14522 of 2024. By the said order, the Hon'ble Supreme Court has released the gang leader - Mayur Jadhav on bail.

6.

The applicant is in jail for more than six years. The Hon'ble Supreme Court has released the gang leader on the ground of long incarceration, who was also in jail for six years. In that view of matter, I am inclined to release the applicant on bail on certain conditions. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 49 of 2019 registered at Satara City Police Station, Satara for the offences punishable under Sections 302, 387, 120-B, 341 read with 34 of the Indian Penal Code and Sections 3(1)(i) (ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not enter into the limits of District Satara except to attend the dates before the trial Court till conclusion of the trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2