Anand Omprakash Dulgaj vs The State Of Maharashtra
2023 Latest Caselaw 1571 Bom

                      PMB                                            2.ba.4153-21.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                BAIL APPLICATION NO.4153 OF 2021
                                         (THROUGH JAIL)

                      Anand Omprakash Dulgaj               ..Applicant
         Digitally         VS.
         signed by

PRADNYA
         PRADNYA
         MAKARAND
                      The State of Maharashtra             ..Respondent
MAKARAND BHOGALE
BHOGALE  Date:                                ------------
                      Adv. Tanvi Sawant for the Applicant.
         2023.02.16
         18:50:46
         +0530


                      Ms. A. A. Takalkar, APP for the State.
                      Mr. Satam, PSI, Goregaon Police Station is present.
                                                ------------

                                            CORAM : M. S. KARNIK, J.

                                            DATE     : FEBRUARY 15, 2023
                      P.C. :

1. Heard learned counsel for the applicant and learned

APP for the State.

2. This is an application for bail by the applicant-Anand

Omprakash Dulgaj in connection with C.R. No.90 of 2011

registered with Goregaon Police Station for the offence

punishable under Sections 385, 386, 387, 302, 120-B of the

Indian Penal Code, 1860 and under Sections 3, 25, 27 of

Arms Act.

3. The date of the incident is 19/03/2011. The applicant

PMB 2.ba.4153-21.doc

was absconding and he was arrested on 12/08/2017. The

main accused -Mukesh Kushalpal Sharma @ Kabir Hussain

Noor Isalm Suleman Sardar was tried for the offence and he

has been convicted by the judgment and order dated

04/08/2017 passed by the trial Court. It is contended that

the applicant is in custody for more than 5 years and 6

months and implicated on the statement of the main

accused. Considering that the applicant had absconded and

now that the main accused has been convicted, taking an

overall view of the matter and having gone through the

judgment and order dated 04/08/2017 passed by the trial

Court in respect of the main accused-Mukesh, I am not

inclined to release the applicant on bail. The applicant was

seen alongwith the co-accused prior to alleged incident. The

accused No.1-Mukesh fired at the deceased. Considering

that the applicant had absconded for a long period of time

before he was arrested, I am not inclined to entertain the

present application.

4. The application is rejected.

5. I appreciate the assistance rendered by Advocate

PMB 2.ba.4153-21.doc

Tanvi Sawant, who was requested to appear on behalf of

the applicant.

(M. S. KARNIK, J.)