Single judge of Bombay High Court allowed bail application for an applicant charged with serious offences including murder and organized crime. Court held investigation complete and release of trial delayed bail appropriate.
Enlarged applicant on bail by executing PR Bond of Rs.25,000/- with two sureties of same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
20-BA-1591-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1591 OF 2022
Shubhash Kesari Gaud
…Applicant
V/s.
State of Maharashtra
…Respondent
Mr. Dilip H. Shukla, Advocate for Applicant.
Mr. Y. Y. Dabke, APP for Respondent-State.
CORAM : SHIVKUMAR DIGE, J.
DATE : 12 OCTOBER, 2023
P. C:-
1.By this Application, Applicant is seeking bail in C.R.No. 411 of
2019 registered with Ambad Police Station, District Nashik, for the
offences punishable under Sections 396, 397, 120-B, 201 of the
Indian Penal Code (for short “IPC”), Sections 3 and 25 of the Arms
Act and Sections 3(1)(i)(ii), 3(2), 3(3) and 3(4) of the Maharashtra
Control of Organised Crime Act, 1999 (for short “MCOCA”).
2.It is the contention of learned Counsel for the Applicant that
allegations against the Applicant are that Applicant had given
shelter to co-accused Vishwajeet. This Court has released Vishwajeet
on bail. Applicant is behind bar more than four years. There are no
S.S.Kilaje page 1 of 3
20-BA-1591-2022.doc
antecedents against the Applicant. Hence, requested to allow the
Application.
3.It is the contention of learned APP that Applicant had given
shelter and food to co-accused Vishwajeet Singh and Akash Singh.
There is prima facie case against the Applicant. Hence, requested to
reject the Application.
4.I have heard both the learned Counsel. Perused the FIR and
charge-sheet The allegations against the Applicant are that he had
given shelter to co-accused Vishwajeet and Akash. This Court has
released co-accused Vishwajeet on bail. Applicant is behind bar
more than four years. Investigation is completed and charge-sheet
has been filed. It may take time to conclude the trial. Considering
the above facts, further detention of Applicant is not required.
5. In view of the above, I pass following Order:
ORDER
(i)Applicant be enlarged on bail in C.R.No. 411 of
2019 registered with Ambad Police Station,
Nashik, on executing P.R.Bond in the sum of
Rs.25,000/- with one or two sureties in the like
amount.
(ii) Applicant shall attend the concerned police
station once in a month i.e. on first Monday
S.S.Kilaje page 2 of 3
20-BA-1591-2022.doc
between 11.00 a.m. to 3.00 p.m. till framing of
charge.
(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.(iv) Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.6. The Application is allowed in the aforesaid terms and is accordingly disposed off.
7. It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.
8. All concerned to act on the authenticated copy of this order.
SONALI Digitally signedby SONALI SATISH SATISH KILAJEDate: 2023.10.13 KILAJE 18:08:28 +0530
(SHIVKUMAR DIGE, J.)
S.S.Kilaje page 3 of 3
2 issues framed by the court
Whether bail should be granted to the applicant already behind bar.
Whether the arrest of the applicant is liable to be cancelled.
3 provisions across 3 enactments
Shubhash Kesari Gaud
State of Maharashtra
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court