The Court granted bail to the applicant in an FIR for robbery and criminal conspiracy, noting that he had been in custody for two and a half years, the charge-sheet was filed, and his criminal antecedents were not a sufficient ground to deny bail.
Bail granted on furnishing P.R. Bond of Rs. 50,000/- with one or more local 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.
2024:BHC-AS:8838
23-ba-3100-23.docx
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3100 OF 2023
MR. MANISH DEVILAL DARJI ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT
Mr. Shikhar Khandelwal a/w Mr. Prathamesh Mahadeshwar, for the Applicant.
Mr. S.H. Yadav, APP for the State. PSI- Mr. Jagdish More, Andheri police station present.
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 22, 2024
P.C. :
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Urmila Ingale 23-ba-3100-23.docx
Mr.Himanshu Bhanupratap Singa for delivery to Mr. Ashish Jain. The complainant took the said bag with him and boarded a bus from Borivali towards Wadala at about 2.30 p.m. and dozed off. The complainant woke up realising that the bag was stolen. The applicant is the accused no.6. There are in all 7 accused. So far as the applicant is concerned, it is alleged that some of the stolen ornaments were recovered from him. The applicant is in custody since 04/08/2021 for a period of two and half years. I am informed that even charge has not been framed. The trial is likely to take some time to conclude.
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facility of bail. I am informed that the applicant is the resident of Rajasthan. The applicant does not appear to be a flight risk. The trial is likely to take a long time to conclude. The applicant will face the consequences post-trial if found guilty. The investigation is complete. The charge-sheet has been filed. I am inclined to enlarge the applicant on bail. Hence the following order.
O R D E R
(a) The application is allowed.
(b) The applicant-Manish Devilal Darji in connection with FIR No. 911 if 2021 with Andheri police station, shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more local sureties in the like amount.
(c) The applicant shall report to the investigating ofÏcer of the concerned police station once in three months on first Monday of the concerned month between 11.00 a.m. and 1.00 p.m. commencing from April, 2024.
(d) 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 OfÏcer. The applicant shall
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not tamper with evidence.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.
(f) Except for attending the trial and for the purpose of reporting to the investigating ofÏcer, the applicant shall not enter Mumbai/Mumbai suburban District after being released on bail, till the trial concludes.
(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
(M. S. KARNIK, J.)
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Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 23/02/2024 18:41:04
1 issue framed by the court
Whether the applicant, having criminal antecedents, should be granted bail in a dacoity case where the trial is likely to take a long time and charge-sheet has been filed?
4 provisions across 1 enactments
Manish Devilal Darji
State of Maharashtra
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
