Allowed

Ambadas @ Dada Tayappa Pawar v. the State of Maharashtra

Bombay HC20 Dec 2023BA/3627/2023

Case brief

AI extract

What is this about?

This bail application was allowed. The court released the applicant on bail in Crime No. 40 of 2016 for offences under IPC 395, 120-B and MCOCA 1999, directing a PR bond of Rs. 1,00,000. Conditions included residence reporting and restriction on entering Pune district.

What did the court decide?

Application allowed; applicant released on bail by furnishing PR bond of Rs. 1,00,000 with one or more sureties in like amount.

Ambadas @ Dada Tayappa Pawar Vs the State of Maharashtra — Bail and Remand | Bombay HC (2023)

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3-BA-3627-23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3627 OF 2023

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Ambadas @ Dada Tayappa Pawar …Applicant

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Versus

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The State of Maharashtra …Respondent

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Mr. Rahul Dhaigude for the Applicant. Mrs. M. M. Deshmukh, APP for the State. Mr. Naik, API, Khadak Police Station, Pune City, Present.

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CORAM : N.R. BORKAR, J. DATED : 20 DECEMBER 2023 (IN CHAMBER)

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P.C. :-

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This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for bail.

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The applicant came to be arrested in Crime No. 40 of 2016 registered at Khadak Police Station, Pune City for the offences punishable under Sections 395, 120-B, of the Indian Penal Code and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

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I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

MJ Jadhav

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3-BA-3627-23.odt

The learned counsel for the applicant submits that the applicant is in jail for more than seven years and nine months. It is submitted that, this Court considering the long incarceration of the applicant as under-trial prisoner by order dated 17 January 2023 in Bail Application No. 2302 of 2022 filed by the applicant, directed that the trial Court shall endeavour to conclude the trial within a period of nine months. It is submitted that the trial has not yet commenced. It is submitted that this Court has released the other co-accused on the ground of prolong incarceration as an under-trail prisoner. It is thus submitted that the applicant may be released on bail.

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On the other hand, the learned APP for the respondent-State submits that the applicant is the gang leader of organized crime syndicate and is involved in nine more crimes. It is submitted that considering the seriousness of offence, the applicant may not be released on bail.

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Admittedly, the applicant is in jail for more than seven years and nine months and the trial has not yet commenced. This Court has released other co-accused on the ground of prolong incarceration. Considering the facts and circumstances, I am inclined to release the applicant on bail on certain conditions:

MJ Jadhav

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3-BA-3627-23.odt

(i) Application is allowed.

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(ii) The applicant shall be released on bail in Crime No. 40 of 2016 registered at Khadak Police Station, Pune City for the offences punishable under Sections 395, 120-B, of the Indian Penal Code and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 on furnishing PR bond in the sum of Rs. 1,00,000/- with one or more sureties in the like amount.

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(iii) The applicant shall not enter into Pune district till conclusion of trail except to attend the dates before the trial Court.

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(iv) The applicant shall provide the details of place where he would reside after his release on bail to the trial Court and concerned Police Station.

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(v) The applicant shall attend the Police Station within whose jurisdiction he would reside after his release once in a month i.e., on first Saturday till conclusion of trial.

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( N.R. BORKAR, J. )

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MJ Jadhav

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Ambadas @ Dada Tayappa Pawar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ambadas @ Dada Tayappa Pawar 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

Case details

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