Ajit Namdev Thakare vs The State Of Maharashtra
2022 Latest Caselaw 9985 Bom

                                                                                2. IA 3244-2022.doc



Anand         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                        INTERIM APPLICATION NO. 3244 OF 2022
                                        IN
                          CRIMINAL APPEAL NO. 966 OF 2022

         Ajit Namdev Thakare                                                 .Applicant

                         Vs.

         The State of Maharashtra                                            .Respondent

         Ms Sandhya A. Mailagir i/b. Mr. Anil D. Joshi, Advocate, for
         the Applicant
         Mrs. M. R. Tidke, APP, for the Respondent - State

                           CORAM       :       SARANG V. KOTWAL, J.

                           DATE        :       29.09.2022
         P. C.

         .                 This is an Application for bail pending the hearing

         and fnal disposal of the Cri. Appeal No. 966 of 2022

         preferred by the Applicant. The Applicant was convicted by

         the      learned         Additional    Sessions      Judge,        Kalyan         vide

         Judgment & Order dated 29.08.2022 passed in Sessions

         Case No. 262 of 2018 for the offences punishable under

         Sections 325, 333, 279 of the Indian Penal Code and under

         Section 184 of the Motor Vehicle Act. The major sentence

         imposed on him was for two years besides imposition of fne.


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 2.                Learned counsel for the Applicant submitted that

 the Applicant was on bail during trial. He has paid fne

 amount. The Applicant has not misused liberty granted to

 him. Even after his conviction, the Applicant was granted

 temporary bail under Section 389(3) of the Code of Criminal

 Procedure. On merits, she submitted that there are no

 independent witnesses examined by the prosecution to

 prove that the incident had taken place during traffc hours.

 She submitted that all the witnesses were police offcers and

 there is no independent corroboration.



 3.                Learned APP opposed the Application. The case

 pertains to the incident dated 07.06.2013 which took place

 near the Kalyan Railway Station. When PW-2, API,

 Deshmukh was on duty at about 8.30 p. m., one car came

 from the wrong side and dashed against PW-2. He fell down

 causing injury in the nature of fracture. On merits, some

 arguable points are raised which will have to be decided

 during the fnal disposal of the Appeal. The Applicant was on

 bail during the trial. He has not misused liberty granted to

 him. Even after his conviction he was granted temporary

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 bail under Section 389(3) of the Code of Criminal Procedure.

 The Appeal is not likely to be decided within the stipulated

 period.



 4.                Considering all these aspects, the Applicant

 deserves to be released on bail.



 5.                Hence, the following order.

                                  ORDER

(i) During pendency and fnal disposal of Cri. Appeal No.

966 of 2022, the Applicant is directed to be released on bail

on his furnishing P. R. Bond in the sum of Rs. 30,000/-

( Rupees Thirty Thousand Only ) with one or two sureties in

the like amount.

(ii) Application is disposed of accordingly.

( SARANG V. KOTWAL, J. )

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