Anandidevi Bhupalsinh Pawanraje Nimbalkar v. Central Bureau Investigation
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3199 OF 2024 Mahatam Chaudhary @ Pintu Chaudhary @ Pintu Singh Shyam Bihari Chaudhary ...Applicant
Versus
Central Bureau of Investigation Through CBI ACB Mumbai And Anr.
...Respondents
INTERIM APPLICATION NO.1313 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 3199 OF 2024 Anandidevi Bhupalsinh @ Pawanraje Nimbalkar ...Intervenor
IN THE MATTER BETWEN
Mahatam Chaudhary @ Pintu Chaudhary @ Pintu Singh Shyam Bihari Chaudhary ...Applicant
Versus
Central Bureau of Investigation Through CBI ACB Mumbai And Anr.
...Respondents
....
Ms. Apeksha Vora, Advocate for the Applicant in Bail Application. Mr. Santosh Musale, Advocate for the Intervenor in the Interim Application.
Mr. Kuldeep Patil a/w Mr. Dhavalsinh Patil, Ms. Sampada S. Patil, Special P. P. for the Respondent No.1-CBI.
Mrs. G. S. Rao, A.P.P. for the Respondent No.2 - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
8th APRIL, 2025 Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.04.21 19:12:53 +0530 P.C.
:
SAJAKALI LIYAKAT JAMADAR
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.220 of 2006 registered at Kalamboli Police Station, District : Raigad for the offences punishable under Section 302 r/w Section 120-B of the Indian Penal Code and Sections 3, 25 & 27 of the Arms Act, 1959.
3.
I have heard the learned counsel for the applicant, learned Special P.P. for the Respondent No.1-CBI and the learned counsel for the Original Complainant/Intervenor. 4.
The bail is sought on the ground of long incarceration as under-trial prisoner. The learned counsel for the applicant submits that the applicant, who is accused No.6 in the aforesaid crime is in jail for 16 years. It is submitted that by order dated 11.03.2025, the Sessions Court has allowed the application filed by the accused No.1 and recalled two prosecution witnesses and issued summons to three defence witnesses. It is submitted that the trial is therefore not likely to be concluded within near future.
5.
On the other hand, the learned Special P.P. for the Respondent No.1-CBI submits that the trial was made time bound and the Hon'ble Supreme Court by order dated 21.02.2025 has extended the period till the end of May 2025. It is submitted that the prosecution evidence is over and the Court has even recorded the statement of accused under Section 313 of Cr.P.C. It is further submitted that the applicant is involved in 10 more serious crimes. It is submitted the applicant is contract killer. It is submitted that it's a case of double murder. It is submitted that considering the overall facts and circumstances, the application may not be entertained at this stage.
6.
The learned counsel for the original complainant/Intervenor submits that the complainant has already challenged the order passed by the trial Court dated 11.03.2025 before this Court.
7.
It appears that the motive for alleged crime is attributed the accused No.1, who is on bail. The applicant is in jail for 16 years. The trial Court has allowed the application of accused No.1 to recall two prosecution witnesses. He is also
permitted to examine three defence witnesses. Considering the overall facts and circumstances, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No.220 of 2006 registered at Kalamboli Police Station, District : Raigad for the offences punishable under Section 302 r/w Section 120B of the Indian Penal Code and Sections 3, 25 & 27 of the Arms Act, 1959, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall attend the concerned Police Station once in a week i.e. on Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial;
(iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)