Criminal Bail Application filed seeking bail in an FIR registered for punishable offences under IPC 395 and Indian Arms Act. Court admitted application based on parity with co-accused.
Released on bail on furnishing PR bond of Rs.25,000/- with one or two sureties in the like 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.
905-ba-3055-2022-second.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3055 OF 2022
Lakhan @ Lakhya Sambhaji @ Sahaji Chavan …Applicants
V/s.
The State of Maharashtra& Anr.
… Respondents
Mr.Sachin Hande, for the Applicant. Mr.Y.Y. Dabke, APP for the Respondent-State.
CORAM : SHIVKUMAR DIGE, J.
DATE : 5th OCTOBER 2023
P.C:-
. By this Application, Applicant is seeking bail in
Crime No.13 of 2022 registered with Karkamb Police Station,
Solapur, for the offence punishable under Section 395 of the Indian Penal Code (‘IPC’ for short) and Sections 4 and 25 of the Indian Arms Act.
Applicant that, Accused Nos.1 has been released on bail by this Court (Coram : N.R. Borkar, J.) by order dated 20th October
N.S. Kamble page 1 of 4
905-ba-3055-2022-second.doc
2022 and Accused No.5 has been released on bail by this Court (Coram: M.S. Karnik, J.) by order dated 26th September 2023. Hence, Applicant is entitled for bail on the ground of parity.
ORDER
(i) The Applicant be released on bail in Crime No.13 of 2022 registered with Karkamb Police Station, Solapur on furnishing PR bond of Rs.25,000/- with one or two sureties in the like amount.
(ii) The Applicant shall attend the Investigating Officer of Karkamb Police Station, Solapur once in a
N.S. Kamble page 2 of 4
905-ba-3055-2022-second.doc
month every 1st Sunday of the month between 11.00
a.m. to 1.00 p.m.
(iii) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The Applicant shall not tamper with evidence.
(iv) On being released on bail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(v) Except for attending the trial and for the purpose of reporting to the Investigating Officer, the Applicant shall not enter the Sangli and Solapur Districts after being released on bail, till the trial concludes.
(vi) The Applicant shall attend the trial regularly.
N.S. Kamble page 3 of 4
905-ba-3055-2022-second.doc
(vii) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
Digitally signed NILAMSANTOSH by NILAMSANTOSHKAMBLE KAMBLE Date: 2023.10.1011:27:45 +0530
N.S. Kamble page 4 of 4
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with other co-accused released on bail.
2 provisions across 2 enactments
Lakhan @ Lakhya Sambhaji @ Sahaji Chavan
The State of Maharashtra
SHIVKUMAR DIGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court