Nitin Chandrakant Jadhav And Ors vs The State Of Maharashtra
2017 Latest Caselaw 6193 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                 CRIMINAL APPELL ATE JURISDICTION

               CRIMINAL BAIL APPLICATION NO.1682 OF 2017


      Nitin Chandrakant Jadhav & Ors.                       ..Applicants.
                 V/s.
      State of Maharashtra                                  ..Respondent.


      Mr.Dilip B. Shinde for the Applicant.

      Mr.A.P. Palkar, APP for the Respondent-State.


                                        CORAM : T.V.NAL AWADE, J.

DATED : 16 AUGUST 2017

P.C.:-

This application is filed for bail for C.R. No.135/2016 for

the offence punishable under sections 363, 364A, 387, 506 read

with 34 of the IPC and section 3 and 25 of the Arms Act registered

with Walchandnagar police station, Pune. Heard both the sides. The

papers of investigation are made available for perusal.

2. There are allegations against the present Applicants and

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the main accused Ashok Sapkal that on 8 May, 2017 three persons

forcibly took Dattu Sawant and Sunil Kadale with them as there was

some dispute over making payment of commission which was to be

given to Ashok in transaction made with Ghishulal Jain. The present

Applicants and the accused were found that 34 cartridges and 4

magazines with them.

2. The papers show that the Applicants had no criminal

antecedents and there is no offence registered against them. The

offence is under sections 363, 364A, 387, 341, 506 read with 34 of

the IPC and section 3 and 25 of the Arms Act. This Court holds that

it is not desirable to detain the Applicants till the decision of the case

which is filed against the Applicant. The main accused is still behind

the bars. In the result, the application is allowed.

(i) The Applicants be released on their executing P.R. bonds in

the sum of Rs.50,000/- by each of them with one or more

solvent sureties in the like amount;

(ii) They shall not tamper with the prosecution witnesses. They

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shall not commit similar offence;

(iii) The Applicants shall not enter the Tahsil of Indapur, except for

attending the case which is filed against them in Baramati

Court;

(iv) They shall report to the Walchandnagar police station before

entering the Tahsil even for attending the Court.

(T.V.NAL AWADE, J.)