Nitin Dayashankar Jaiswal v. State Of Maharashtra Thr Pso., Ps Kotwali, Nagpur

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1414 OF 2025

1. Kanyalal Bhimraj Jat

2. Deepak Roop Gayari .. Applicants

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Neeraj Yadav a/w Ms. Deepa Punjabi i/by Ms. Sunayana Dhakkad, Advocate for Applicants  Mr. Balraj B. Kulkarni, APP for Respondent - State ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 15, 2025 P. C.

:

1.

Heard Mr. Yadav, learned Advocate for Applicants and Mr. Kulkarni, learned APP for Respondent - State. 2.

Applicants - accused have filed the present Application for regular in connection with C.R. No. 470/2021 registered with Rabale Police Station for the offences punishable under Sections 395, 397, 342, 452, 201 and 120-B r/w Section 34 of the Indian Penal Code, 1860 (for short "IPC") and Sections 37(1) and 135 of the Maharashtra Police Act, 1951.

3.

Applicants are arraigned as accused Nos. 3 and 4 in the present crime. There are three other co-accused in the present crime. Accused No. 2 has been granted bail who is involved in the present crime along with the present Applicants in committing the robbery i.e.

the incident in question. In so far as accused Nos. 1 and 5 are concerned, they both were the recipients and receivers of the stolen articles. They have been enlarged on bail.

4.

At the outset, Mr. Yadav would draw my attention to the order dated 20.08.2024 passed by the Supreme Court in Petition for Special Leave to Appeal (Cri) No. 5638/2024 in the case of accused No. 2, inter alia, releasing him on bail. He would submit that Supreme Court has considered the long incarceration and custody of accused No. 2 in jail for more than two and half years when the said order was passed and has released him on bail. He would submit that the role attributed to the present Applicants is on the face of record identical to that of accused No. 2.

5.

This Court while dealing with Bail Application No. 4503/2024 filed by accused No. 1 passed order dated 06.12.2024 which is appended at page Nos. 287-289 of the Application reading of which prima facie shows that the said accused was also released on bail considering his long incarceration.

6.

Considering the aforesaid decisions which are placed before the Court and the role attributed to the Applicant before me coupled with the ignominy of the Applicants suffering long incarceration until completion of the trial which would be a distinct

impossibility in the near foreseeable future, Applicants are entitled to be released on bail on parity also. Hence, Bail Application is allowed subject to the following terms and conditions:- (i) Both the Applicants are directed to be released on bail on furnishing P.R. Bond in the sum of Rs. 15,000/- each with one or two sureties in the like amount;

(ii) Before their actual release from jail, Applicants shall furnish their addresses where they propose to reside after their release from jail to the concerned Police Station and also to the trial Court;

(iii) After their release from jail, Applicants shall report to the Investigating Officer as and when called for; (iv) Applicants shall attend the trial Court on first Tuesday of every month between 11.00 a.m. and 1.00 p.m. to mark their presence. If the first Tuesday of the said month falls on a holiday and / or non Court working day, the Applicants shall mark presence on the next working day; (v) Applicants shall co-operate with the conduct of trial and attend the trial Court on all dates unless specifically exempted and will not take any unnecessary

adjournments, if they does so, it will entitle the prosecution to apply for cancellation of this order; (vi) Applicants shall not leave the State of Maharashtra without prior permission of the Trial Court;

(vii) Applicants shall not influence any of the witnesses or tamper with the evidence in any manner; and (viii) In case of any infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 439(2) of Cr.P.C. i.e. for cancellation of bail.

7.

It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made herein above in this order.

8.

Bail Application is allowed and disposed.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.04.15 20:27:05 +0530 RAVINDRA MOHAN AMBERKAR