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Bombay High CourtBA/2739/2024rejected

Anil Manmath Shinde v. The State Of Maharashtra

2024-09-04Hon'Ble Shri Justice Anil S. Kilor2 pages

917-BA2739-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2739 OF 2024 Anil Manmath Shinde ...

Applicant.

V/s.

The State of Maharashtra ...

Respondent.

------------------- Ms Priyal G. Sarda, Advocate for Applicant Ms Geeta P. Mulekar, APP for the State.

PHC No.177 R.A. Salunke, P.S. Thane, Solapur Gramin ---------------------

CORAM

:

ANIL S. KILOR, J.

by RAJIV BABARAOJI RAUT Date: 2024.09.05 14:00:58 +0530 RAJIV BABARAOJI RAUT DATED :

SEPTEMBER 04, 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.302 of 2021, registered with Madha Police Station, District: Solapur for the offences punishable under Sections 397, 394, 412 of the Indian Penal Code.

3. The learned counsel for the applicant submits that the applicant is in jail from last three years and since charge-sheet has been filed, further custody of the applicant is not necessary. Therefore, he prays for grant of bail to the applicant.

4. The learned APP strongly opposes the application. RRaut

917-BA2739-2024.doc

5. Having gone through the charge-sheet and the relevant material collected by the Investigating Officer during investigation, it is evident that the applicant was identified by the witnesses and there is also recovery. Furthermore, there are five antecedents of similar nature against the applicant.

6. In that view of the matter, there is every possibility that if the applicant is released on bail he may commit the similar offences. Furthermore, the punishment for the offence involved is life imprisonment.

7. In the above backdrop and considering the seriousness of the offence, I am not inclined to grant bail to the applicant. Accordingly, the Criminal Application is rejected.

8. Considering the period of incarceration of the applicant, the learned trial Court is directed to expedite the trial and make an endeavour to conclude the same in next one year.

9. Liberty is granted to the applicant to apply afresh before the trial Court if there is no progress in the trial.

10. The learned counsel for the applicant undertakes to submit copy of this order on record of the trial Court within two weeks. The Criminal Bail Application is disposed of accordingly. (ANIL S. KILOR, J) RRaut