Allowed

Manik Gulab Kale v. the State of Maharashtra

Bombay HC6 Jul 2022BA/356/2022

Case brief

AI extract

What is this about?

In a bail application under Article 226, the High Court of Bombay affirmed the bail of the applicant, who was arrested in connection with theft and mischief charges involving aluminum wire. The court allowed the bail application.

What did the court decide?

The applicant be released on bail on furnishing a bond of Rs.15,000 and sureties to prevent tampering with evidence or witnesses.

Manik Gulab Kale Vs the State of Maharashtra — Bail and Remand | Bombay HC (2022)

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Digitally signed SWAROOPSHARAD by SWAROOPSHARADPHADKE PHADKE Date: 2022.07.08 20:31:58 +0530

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41 ba 356 of 2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.356 OF 2022

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Manik Gulab Kale …Applicant
versus
The State of Maharashtra …Respondent

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Mr. Sharad Bhosale, for Applicant.
Ms. P.N.Dabholkar, APP, for State.

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CORAM: N.J.JAMADAR, J.

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DATE : 6th JULY, 2022

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P.C.

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1. This is an application to enlarge the Applicant on bail. The Applicant

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has been arraigned in C.R.No.231 of 2021 registered with Barshi Taluka Police Station
for the offences punishable under Section 379 and 427 of the Indian Penal Code, 1860,
with the allegations that the Applicant and the co-accused committed theft of
aluminum wire from the additional DP No.2 of MSEDCL installed at Shergaon Valhe,
Barshi. The Applicant and the co-accused allegedly committed mischief as well.

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2.The Applicant came to be arrested on 11th October, 2021. Pursuant to
the discovery made by the accused, pieces of aluminum wire weighing approximately
200 kg have been recovered while the Applicant was in custody in another crime i.e.
C.R.No.216 of 2021.

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3. The learned Additional Sessions Judge, Barshi was persuaded to reject

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SSP 1/3

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41 ba 356 of 2022.doc

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the Application as 8-9 identical crimes have been registered against the Applicant.

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4.The learned Advocate for the Applicant attempted to explain away the
registration of multiple crimes against the Applicant by canvassing a submission that
the Applicant has been implicated in a series of offences, post arrest in one case. In
rest of the crimes, the Applicant has been released on bail.

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5.Post completion of investigation, charge sheet has been filed. It implies
the investigation is complete for all intent and purpose. Substantial stolen property
seems to have been recovered. Further detention of the Applicant seems unwarranted.
6.Having regard to the nature of the offence and the fact that the Applicant
is in custody since 11th October, 2021, I am inclined to exercise the discretion in favour

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of the Applicant. Hence, the following order :

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ORDER

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(i)The Application stands allowed.

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(ii)The Applicant – Manik Gulab Kale be released on bail in
C.R.No.231 of 2021 registered with Barshi Taluka Police Station, on furnishing a PR

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bond in the sum of Rs.15,000/- and one or two sureties in the like amount, to the
satisfaction of the learned Sessions Judge, Barshi.

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(ii)The Applicant shall not tamper with the prosecution evidence

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and/or give threat or inducement to any of the prosecution witnesses.

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SSP 2/3

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41 ba 356 of 2022.doc

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(iii)The Applicant shall regularly attend the proceedings before the

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jurisdictional Court.

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( N.J.JAMADAR, J. )

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SSP

Manik Gulab Kale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Manik Gulab Kale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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