Yusuf Hajju Maniyar v. The State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2025.01.02 18:15:27 +0530 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3574 OF 2024 Yusuf H. Maniyar ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. S.S. Jadhawar i/b Mr. Tejas Jadhavar for the Applicant. Mr. Swapnil Vijaykumar Walve, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

02.01.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.1 of 2023 registered at Pangri Police Station, Dist. Solapur (Rural) for the offences punishable under sections 304 , 337, 338, 285, 286 read with Section 34 of the Indian Penal Code and under sections 5 and 9B of the Indian Explosives Act.

3.

According to the prosecution, on 1.1.2023 a fire broke out in the crackers factory owned by the applicant and five workers working there died in the said fire.

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4.

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

5.

It is not the case of the prosecution that the applicant was not at all having license to manufacture firecrackers. This court has already granted bail to the co-accused, who according to the prosecution was business partner of the applicant. The applicant is in jail for two years. The trial is still at the stage of framing of charge. Considering the overall facts and circumstances, 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.1 of 2023 registered at Pangri Police Station, Dist. Solapur (Rural) for the offences punishable under sections 304, 337, 338, 285, 286 and 427 read with Section 34 of the Indian Penal Code and under sections 5 and 9B of the Indian Explosives 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;

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C] The applicant shall attend the concerned police station twice in a month, i.e. on 1st and 3rd Saturday between 11.00 am to 2.00 pm, till conclusion of the trial; D] 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;

E] Liberty is granted to the State for cancellation of bail, if the applicant commits any other offence;

F] The applicant shall attend the trial before the trial Court regularly on every date unless exempted by the trial Court for any reason;

G] The Application stands disposed off, accordingly. [N.R.BORKAR, J.] 3/3