Sharad Mohan Pandit v. The State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2025.01.06 14:37:27 +0530 DINESH SADANAND SHERLA 16-ba-3558-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3558 OF 2024 Sharad M. Pandit ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr.Kuldeep U. Nikam a/w. Mr. Prasad Avhad and Mr. Rohit K. for the Applicant.

Ms. R.D. Humane, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

03.01.2025.

P.C. :

1.

This is an application for bail.

2.

The applicant came to be arrested in Crime No.507 of 2023 registered at Sinhagad Road Police Station, Pune for the offences punishable under Sections 364(A), 323, 504, 506 read with 34 of the Indian Penal Code and Sections 3(i)(ii), 3(4) of the Maharashtra Control of Organized Crime Act (MCOC Act).

3.

According to the prosecution, on 14.10.2023, the present applicant and other co-accused had hired the car of the complainant. It is alleged that under threat to kill him, for two days they took him to various places and even assaulted him. There are also allegations of withdrawal of Rs.10,000/- from the bank account of the complainant through ATM.

Dinesh S. Sherla 1/2

16-ba-3558-24.doc 4.

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

5.

I have perused the statement of the complainant. According to him, after the alleged abduction they stopped at various places including at petrol pump and Dhaba. It is not the case of the complainant, that he was not allowed to come out of the car. Prima facie, the case of the prosecution appears to be doubtful. The applicant is in jail for more than one year. There are no other criminal antecedents against him. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. 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.507 of 2023 registered at Sinhagad Road Police Station, Dist. Pune for the offences punishable under Sections 364(A), 323, 504, 506 read with 34 of the Indian Penal Code and Sections 3(i)(ii), 3(4) of the Maharashtra Control of Organized Crime Act (MCOC 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 Pune except to attend the dates before the trial Court till conclusion of the trial.

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