Lakhan Tulshiram Patil v. State Of Maharashtra
2024:BHC-AS:38563
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3329 OF 2024
1. Lakhan Tulshiram Patil and
2. Mr. Nitesh Sadanand Patil ...Applicants vs.
The State of Maharashtra
...Respondent
ALONGWITH INTERIM APPLICATION NO. 3925 OF 2024 IN BAIL APPLICATION NO. 3329 OF 2024 Ranjana Krushna Patil ...Applicant vs.
The State of Maharashtra and Ors.
...Respondents
***** Adv. Amin Solkar a/w Ms.
Misbaah Solkar, Mr. Mohd. Taha and Mr. Umang Shah Advocate for the Applicants Adv. Shubham Sane i/by Mr.
Priyal Sarad Advocate for Intervenor Mr. H. J. Dedhia APP for the Respondent No. 1 Mr. P. B. Todase PSI Bhiwandi Police Station ***** CORAM : S. M. MODAK, J.
DATE : 30th SEPTEMBER 2024 1/4
P. C. :- 1.
Heard learned Advocate Shri Solkar for the Applicants-accused and learned APP and learned Advocate for the first informant. 2.
Bail is asked on the ground of parity. This Court has granted bail to co-accused Sadanand Bala Patil and Tulsiram Balaram Patil vide Order dated 15.07.2024. It was on account of long incarceration. At that time, the Court has ascertained the pendency from trial Court. It is newly established Court at Bhiwandi. Cases are transferred from Thane to Bhiwandi. At that time there were 427 under trial prisoners. The stage of the present case was recording of the statement under Section 313 of the Criminal Procedure Code.
3.
Learned Advocate Mr. Solkar has produced roznamas. Last roznama is dated 05.09.2024. The matter was adjourned to 25.09.2024 for recording of 313 statement.
4.
Learned Advocate Mr. Solkar contends that then also statements are not recorded.
5.
Applicants need to be given same benefit.
6.
Learned APP and first informant's advocate tried to argue that these Applicants have important role to play, and it is deposed by 2/4
witness also. There are also recoveries.
7.
Be that it may, the Applicants cannot be detained behind bar for long period which is more than 9 years. Hence, case is made out to grant bail. Hence Order:-
ORDER
(i) Bail application is allowed.
(ii) Applicant No. 1- Lakhan Tulshiram Patil and Applicant No. 2 -Mr. Nitesh Sadanand Patil arrested in connection with C.R.
No. I-218 of 2015 registered with Bhiwandi Taluka Police Station in Sessions Case No. 221 of 2023 for an offence punishable under Sections 302, 307, 326, 341,120-B, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code and Sections 4 and 27 of the Arms Act be released on bail on furnishing Personal Bond and Surety bond in sum of Rs. 1,00,000/- (Rupees One Lakh only) each.
(iii) After release on bail, the Applicants shall not enter the village Porgaon, Taluka Bhiwandi till conclusion of the Sessions Case of which trial is going on.
(iv) Applicants not to threaten the prosecution witness and allure 3/4
them in any manner.
(v) The Applicants to furnish alternate place of the residence to the trial Court and to the Police.
(vi) The Applicants not to leave the territorial limits of the Thane District till conclusion of the trial of the Sessions Case No. 221 of 2023.
(vii) Applicants to give attendance on every Monday from 10.00 a.m. to 12 noon to the nearest Police Station within the local limits of which they are going to stay during the period. 8.
Accordingly, Bail Application is disposed of. 9.
Interim application No. 3925 of 2024 for intervention is allowed and it is disposed of.
10.
All Parties to act upon an authenticated copy of this Order. [S. M. MODAK, J.] 4/4 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 30/09/2024 18:56:17