Allowed

Devenra S/O Robert Kambale v. the State of Maharashtra

Bombay HC6 Feb 2017APPLN/219/2017

Case brief

AI extract

What is this about?

In a criminal application for regular bail, the court held that there was a strong doubt regarding the satisfaction of ingredients for an offence under Section 420 of IPC. Regarding the State Emblem of India Act, the two-year maximum punishment meant further detention was unwarranted, leading to the grant of bail on a PR bond.

What did the court decide?

Released on bail in C.R.No.I-336/2016 upon furnishing PR Bond of Rs.15,000/- with one or two sureties in like amount.

Devenra S/O Robert Kambale Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2017)

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CRI.APPL219/2017

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.219/2017

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Devendra s/o Robert Kamble=APPLICANT

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VERSUS

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The State of Maharashtra=RESPONDENT

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Mr.Satish A.Gaikwad, Advocate for Applicant;
Mr.SJ Salgare, APP for Respondent

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CORAM : N.W.SAMBRE,J.

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DATE : 6^th February,2017.

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PER COURT :

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1)The applicant is seeking regular bail in
C.R.No.I-336/2016, registered at Vaijapur Police
Station, District Aurangabad, for the offences
punishable under Sections 420, 511 read with
Section 34 of the Indian Penal Code and under
sections 4 and 7 of the State Emblem of India
Act, 2005.

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2)Perused the investigation papers and
other material.

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3)There is a strong doubt as to whether
the offence could be made punishable under
Section 420 of the Indian Penal Code, as

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2 CRI.APPL219/2017

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necessary ingredients are not satisfied. So far
as the offence under Sections 4 and 7 of the
State Emblem of India Act, 2005 is concerned, the
maximum punishment provided is of two years. As
such, the further detention of the applicant is
not warranted.

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4)As such, the applicant be released on
bail in C.R.No.I-336/2016, registered at Vaijapur
Police Station, District Aurangabad, for the
offences punishable under Sections 420, 511 read
with Section 34 of the Indian Penal Code and
under sections 4 and 7 of the State Emblem of
India Act, 2005, upon furnishing PR Bond of
Rs.15,000/- with one or two sureties in the like
amount.

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5)The applicant shall not influence the
prosecution witnesses and shall not tamper with
the prosecution evidence.

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6)The Criminal Application stands allowed
accordingly.

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(N.W.SAMBRE,J.)

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bdv/

Devenra S/O Robert Kambale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Devenra S/O Robert Kambale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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