Mohan Gangaram Chaudhari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2884 OF 2024 Mohan Gangaram Chaudhari ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Shailesh Kharat with Tanmay Kate, Kalpana Chate, Sumitkumar Nimbalkar, Neha Ratho and Govind Mundhe for the applicant. Ms. Veera Shinde, APP, for the Respondent / State. --------------------

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD VARSHA DEEPAK GAIKWAD Date: 2024.12.20 12:52:14 +0530 DATE :

20TH DECEMBER, 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.211 of 2021 registered with NRI Sagari Police Station, Navi Mumbai for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

3.

Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the whole case is based on circumstantial evidence i.e. last seen. The prosecution is harping upon the CCTV footage to oppose the

application. However, there is no panchnama and actual footage is not available. The whole basis on which the bail application is being opposed thus, cannot be considered as sufficient to prima facie conclude as regards complicity of the applicant in the alleged offence. 4.

In the above-referred backdrop, it is to be noted that there are no antecedents against the applicant and he is in jail from last about 3 years and till date there is no progress in trial. 5.

Thus, considering the period of incarceration and the fact that there is no end of trial in sight, I am of the opinion that the applicant is entitled for grant of bail.

6.

Accordingly, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in connection with Crime No.211 of 2021 registered with NRI Sagari Police Station, Navi Mumbai for the offences punishable under Sections 302 and 201 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 attend the concerned Police Station on 1st and 16th day of every month between

10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial;

iv) 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;

v) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition if the applicant commenced similar offence;

vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

The application is disposed of.

(ANIL S. KILOR, J)