Allowed

Vaibhav Baban Thite v. the State of Maharashtra

Bombay HC26 Aug 2024BA/3581/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC for offences including attempt to murder and under MCOCA. Court noted the applicant's over three years' incarceration and parity with co-accused Aakash Kale already released on bail, and that trial would not conclude soon.

What did the court decide?

Applicant to be released on bail in Crime No.210/2021 on PR bond of Rs.50,000 with one solvent surety, with monthly reporting and other conditions.

Vaibhav Baban Thite vs the State of Maharashtra — Bail and Remand | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.3581 OF 2024

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Vaibhav Baban Thite ... Applicant V/s.

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The State of Maharashtra … Respondent

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Mr. Kuldeep Nikam with Prasad Avhad, for the applicant. Ms. Sangeeta Yadav, APP, for the Respondent / State.

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Digitally signed byVARSHA VARSHA DEEPAK DEEPAK GAIKWAD GAIKWAD Date: 2024.11.11 18:33:44 +0530

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CORAM : ANIL S. KILOR, J.

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DATE : 11TH NOVEMBER, 2024.

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PC:

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Heard.

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By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 210 of 2021 registered with Jejuri Police Station, Dist.Pune, for the offences punishable under Sections 307, 452, 324, 326, 143, 147, 148, 149, 323, 504, 506 and 336 of the Indian Penal Code, 1860, Sections, 3 (25)(27), 4(25) and 5(25) of Arms Act, 1959, Section 135 of Maharashtra Police Act, 1951, Section 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections, 3(1)(ii) and 3(4) of Maharashtra Control of Organized Crimes Act, 1999.

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The applicant was arrested on 12.08.2021 and as such he is

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in jail from last more than 3 years. Some of the co-accused have been released by this Court and rest of the accused have been released by the Sessions Court.

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As far as parity is concerned, the case of the applicant and the case of Aakash Kale, co-accused who has been granted bail by this Court, are on the same footing and similar.

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In the circumstance, considering the period of incarceration and also the fact that there is no likelihood that the trial will be concluded in near future, I am of the opinion that the applicant is entitled for grant of bail.

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In the circumstance, I pass the following order:

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ORDER

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i) Criminal application is allowed;

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ii) It is directed that the applicant shall be released on bail in Crime No. 210 of 2021 registered with Jejuri Police Station, Dist.Pune, for the offences punishable under Sections 307, 452, 324, 326, 143, 147, 148, 149, 323, 504, 506 and 336 of the Indian Penal Code, 1860, Sections, 3 (25)(27), 4(25) and 5(25) of Arms Act, 1959, Section 135 of Maharashtra Police Act, 1951, Section 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections, 3(1)(ii) and 3(4) of Maharashtra Control of Organized Crimes Act, 1999 on furnishing

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P.R.Bond of Rupees Fifty Thousand with one solvent surety in the like amount;

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iii) The applicant shall attend the Investigating Officer of Jejuri Police Station, Pune once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m;

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iv) 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;

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v) 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;

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iv) The applicant shall not leave the jurisdiction of Pune district without permission of the trial Court.

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The application is disposed of .

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(ANIL S. KILOR, J)

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Vaibhav Baban Thite v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vaibhav Baban Thite v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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