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Bombay High CourtBA/534/2025allowed

Sambhaji Vishwas Jagtap v. State Of Maharashtra

2025-03-12Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by DINESH SADANAND SHERLA Date:

2025.03.19 18:31:27 +0530 3-BA-534-25.doc DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 534 OF 2025 Sambhaji V. Jagtap ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Kuldeep Patil a/w. Mr. Sainath Garade and Adv. Dhavalsinha Patil i/b Mr. Aadesh Konde Deshmukh for the Applicant. Mr. S.S. Choudhari, APP for the Respondent/State. ASI S.D. Kale, Jejuri Police Station present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

12.03.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.442 of 2024 registered at Jejuri Police Station, Pune Rural for the offences punishable under Sections 308(2), 309(4), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita and Sections 39,45 & 46 of the Maharashtra Money Lending Act.

3.

The allegations against the present applicant and other coaccused are of illegally doing the business of money lending. It is alleged that the applicant and other co-accused were harassing the father of the complainant for return of money, which he had allegedly borrowed from them. It is alleged that due to said harassment the father of the complainant attempted to commit suicide.

Dinesh S. Sherla 1/2

3-BA-534-25.doc 4.

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

5.

Learned counsel for the applicant submits that with ulterior motive false allegations are made against the present applicant. It is submitted that the investigation is over and there is nothing to show that the applicant was illegally doing the business of money lending. It is submitted that the applicant is in jail for more than 2 months. It is accordingly, submitted that the applicant may be released on bail.

6.

On the other hand, learned APP for the respondent/State submits that considering the nature of offence, the applicant may not be released on bail.

7.

The applicant is in jail for more than two months. There are no other antecedents against the applicant. 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] The Application is allowed.

B] The applicant be released on bail in C.R. No. 442 of 2024 registered at Jejuri Police Station, Pune Rural for the offences punishable under Sections 308(2), 309(4), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita and Sections 39, 45 & 46 of the Maharashtra Money Lending 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.

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