Bala @ Takalya Naresh Gangurde vs The State Of Maharashtra
2022 Latest Caselaw 2765 Bom

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LAXMIKANT   by LAXMIKANT
            GOPAL
GOPAL       CHANDAN
CHANDAN     Date: 2022.03.22
            17:41:21 +0530                                                    (4) IA-762-2020.odt

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL INTERIM APPLICATION NO. 762 OF 2020
                                                   IN
                                     CRIMINAL APPEAL NO. 285 OF 2022

              Bala @ Takalya Naresh Gangurde               : Applicant/Org.Acc.No.4.
                      Versus
              The State of Maharashtra                     : Respondent

              Ms. Payoshi Roy i/b Dr. Yug Mohit Chaudhry for the Applicant.
              Mr. A A Palkar, APP, for Respondent/state.

                                          CORAM :     S. S. SHINDE,
                                                      SARANG V. KOTWAL, JJ
                                          DATE    :   22nd MARCH, 2022
              P.C.

              1                This is an Application filed by the Applicant, who is original

              accused No.4, for releasing him on bail in C.R. No.172 of 2013 registered at

              Ghatkopar Police Station.



              2                Heard the learned counsel appearing for the Applicant and the

              learned APP appearing for the Respondent/State.



              3                At the outset the learned counsel appearing for the Applicant

              invites attention of this court to the order dated 8 th September 2020 passed by

              this Court (Coram : Prasanna B. Varale & V. G. Bisht, JJ), and in particular

              paragraph 5 thereof, and submits that by the said order this Court granted bail

              to co-accused viz. Naresh @ Rakesh Chandrakant Kotwale, though role



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attributed to him is that he gave a blow to the victim by using spanner. It is

submitted that as per prosecution case, the present Applicant did not assault

the victim but assaulted PW-2 Babu Saylu Jilhapuram. It is submitted that the

Applicant is in jail since last 7 years. The learned counsel for the Applicant

submits that though the co-accused were granted bail by the Trial Court, the

present Applicant did not apply for bail before the Trial Court. It is therefore

submitted that the present Applicant is entitled to be released on bail during

pendency of Appeal.



4           On the other hand, the learned APP appearing for the

Respondent/State invites our attention to the reasoning given by the Trial

Court in the impugned judgment, and submits that the Applicant may not be

enlarged on bail.



5           We have considered the rival submissions. With the able assitance

of the learned counsel appearing for the Applicant and the learned APP

appearing for the Respondent/State, we have carefully perused the order dated

8th September 2020 passed by this Court (Coram : Prasanna B. Varale & V. G.

Bisht, JJ), and in particular paragraph 5 thereof which reads thus :-



       "5   On perusal of the material placed before this court and,
            more particularly, in view of the observations of the
            learned Single Judge reflected in the order dated 12 th
            January 2015 in Bail Application No.2076 of 2014, we
            find considerable merit in the submissions of the learned

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            counsel. It is also not disputed by the learned APP that
            the applicant/appellant had misused the liberty granted
            to him and followed the directions/conditions imposed
            upon him vide order dated 12th January 2015. It is also
            not in dispute that the role attributed to the
            applicant/appellant is of use of a spanner for giving blow
            to the victim and the fact remains that the death of the
            victim is a result of a knife injury and that particular
            weapon was carried by another accused and not by the
            present applicant/appellant."

6           Apart from that, prima facie it appears that the Applicant did not

assault the victim but assaulted PW-2 Babu Saylu Jilhapuram. In that view of

the matter, the Application of the Applicant for bail deserves to be considered.

Hence the following order :-

                                   :ORDER:

1] Criminal Interim Application No.762 of 2020 is allowed.

2] The sentence of the Applicant stands suspended till the hearing

and final disposal of the Appeal.

3] During the pendency and final disposal of Criminal Appeal No.285

of 2022, the Applicant - Bala @ Takalya Naresh Gangurde is

directed to be released on bail on his furnishing P R Bond of

Rs.30,000/- (Rupees thirty Thousand only) with one or two

sureties in the like amount.

4] Criminal Interim Application No.762 of 2002 is disposed of

accordingly.

[SARANG V. KOTWAL, J]                                   [S. S. SHINDE , J]

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