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Bombay High CourtBA/3929/2024allowed

Ganesh Baburao Avchare v. State Of Maharashtra

2024-10-17Hon'Ble Shri Justice Anil S. Kilor2 pages

946-BA-3929-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3929 OF 2024 Ganesh Baburao Avchare ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Paras Yadav, Advocate for Applicant.

Mr. P. H. Gaikwad, APP for State-Respondent.

Mr. A. S. Chorse, Saswad, PSI, Police Station, Present. CORAM:- ANIL S. KILOR, J.

DATED:- 17th OCTOBER, 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. 189 of 2022 registered with Saswad Police Station, Pune, for the offences punishable under Sections 406, 420, 465, 471, 170, 171 read with Section 34 of the Indian Penal Code, 1860.

3) This Court have released the co-accused namely Harichandra Mahadev Jadhav from whom the uniforms of the Forest Department and stamps/seals were recovered and one Namdev Maruti More from whom similar material was recovered. However, as far as the applicant is concerned nothing is recovered. Furthermore, after considering the role 1/2

946-BA-3929-24.DOC of the applicant, it can be said that the role of the applicant is similar with the role of the co-accused, who have been released on bail. 4) Furthermore, the applicant is in jail from last two years and since the charge-sheet has been filed, I am of the opinion that further custody of the applicant is not required. Accordingly, I pass the following order.

ORDER

i The Bail Application is allowed;

ii It is directed that the Applicant shall be released on bail in Crime No. 189 of 2022 registered with Saswad Police Station, Pune, for the offences punishable under Sections 406, 420, 465, 471, 170, 171 read with Section 34 of the Indian Penal Code, 1860, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;

iii. 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; iv. Liberty is granted to the State to apply cancellation of bail if the applicant commits similar offence.;

v. The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.

vi. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 2/2