Allowed

Yash @ Raghu Atul Kadam v. the State of Maharashtra

Bombay HC10 Oct 2023BA/1029/2022

Case brief

AI extract

What is this about?

The court granted bail to the applicant on the principle of parity, noting that a co-accused with a similar role was released, there was no recovery implicating the applicant, the investigation was completed, and the applicant had no criminal antecedents and had been in custody for over three years.

What did the court decide?

Enlarged on bail by executing a PR bond of Rs. 25,000/- with one or two sureties in like amount.

Yash @ Raghu Atul Kadam Vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2023)

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11-BA-1029-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 1029 OF 2022

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Yash @ Raghu Atul Kadam ...Applicant
Versus
The State Of Maharashtra ...Respondent

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Mrs.Shubhangi Parulekar Advocate for the Applicant.
Mr. A. A. Palkar, APP for Respondent-State.

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Digitally signed ETHAPE by ETHAPEDNYANESHWAR DNYANESHWAR ASHOK ASHOK Date: 2023.10.13 11:07:08 +0530

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CORAM : SHIVKUMAR DIGE, J.

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DATE :10th OCTOBER, 2023

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P.C.:

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1. By this application, the applicant is seeking bail in Crime No. 446 of 2020 registered with Nigdi Police Station, Pimpri-Chinchwad for the offences punishable under Sections 307, 324, 143, 147, 148

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and 149 of the Indian Penal Code, 1860 (for short “IPC”) and under
Sections 3, 25, 27 of Arms Act and under Sections 3 and 7 of Criminal
Amendment Act, and under Sections 37(1), 135 of the Maharashtra

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Police Act, and under Sections 3(1),(i),(ii), 3(4) of Maharashtra
Control of Organized Crime Act, 1999 (for short “MCOCA Act”).

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2. Learned Counsel for the applicant submits that this Court has released co-accused Vishal Vikram Solase on bail by order dated 26^th September 2023. Role attributed to the co-accused Vishal Solase is

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D.A.Ethape, P.A. 1

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11-BA-1029-2022.doc

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similar to the present applicant. There is no recovery at the instance
of the applicant. Applicant is behind bar for more than three years.
Hence, applicant is entitled for bail on principle of parity.

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3. Learned APP, on instructions, fairly submitted that the applicant is entitled for bail on parity.

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4.I have heard both the learned Counsels, perused the FIR and
charge-sheet.

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5.The role attributed to the co-accused Vishal Solase and present
applicant is similar. There is no recovery at the instance of the
applicant. Applicant is behind bar for more than three years.
Investigation is completed and charge-sheet has been filed. There is
no criminal antecedents of the applicant. Hence, applicant is entitled
to be released on bail on the ground of parity.

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6. Considering the above facts, further detention of the applicant is not required.

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7. In view of above, I pass following order:-

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ORDER

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(i)Applicant be enlarged on bail in Crime No. 446 of
2020 registered with Nigdi Police Station, Pimpri

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Chinchwad on executing PR Bond in the sum of

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Rs.25,000/- with one or two sureties in the like amount.

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D.A.Ethape, P.A. 2

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11-BA-1029-2022.doc

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(ii)Applicant shall attend the concerned police station

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once in a month i.e. on first Saturday between 11:00

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a.m. to 2:00 p.m. till framing of charge.

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(iii) Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

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(iv) Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case.

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(v) The trial Court shall decide the said case on its own merits, in accordance with law uninfluenced by the observations made in this order.

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8. The application is allowed in the aforesaid terms and is accordingly disposed off.

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9. All concerned to act on the authenticated copy of this order.

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 [SHIVKUMAR DIGE, J.]

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D.A.Ethape, P.A. 3

Yash @ Raghu Atul Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Yash @ Raghu Atul Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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