Ganesh S/O Haridas Ubale vs The State Of Maharashtra
2023 Latest Caselaw 662 Bom

                      PMB                                           930-aba-135-23.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                       ANTICIPATORY BAIL APPLICATION NO.135 OF 2023
         Digitally
         signed by
         PRADNYA      Ganesh s/o Haridas Ubale               ..Applicant
         MAKARAND
                            VS.
PRADNYA
MAKARAND BHOGALE
BHOGALE  Date:
         2023.01.18
         18:59:05     The State of Maharashtra               ..Respondent
         +0530
                                                ------------
                      Mr. Nitin Gaware Patil for the Applicant.
                      Mr. S. V. Gavand, APP for the State.
                                                ------------

                                             CORAM : M. S. KARNIK, J.

                                             DATE      : JANUARY 18, 2023
                      P.C. :

                      1.     Heard learned counsel for the applicant and learned

                      APP for the State.

                      2.     This is an application for pre-arrest bail in respect of

                      the offence punishable under Sections 395, 365, 170, 323,

                      504 and 506 of the Indian Penal Code, 1860 in connection

                      with C.R. No.05 of 2022 dated 02/01/2022 registered with

                      Mohol Police Station, Solapur.

                      3.     The applicant is implicated on the statement of the co-

                      accused. The co-accused - Ramkisan Adale stated that he is

                      willing to show the spot where the 'gutkha' is kept. It is

                      pertinent to note that so far as three accused who were

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arrested are concerned, they have been acquitted. The

applicant is implicated on the basis of the statement of the

co-accused - Ramkisan Adale, who has been acquitted.

Prima facie, there is no other material against the applicant.

Considering that by judgment and order dated 12/09/2022

the other accused are acquitted, the custodial interrogation

of the applicant in the present case is not necessary.

4.    Hence, the following order :-

                                ORDER

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.

No.05 of 2022 registered with Mohol Police Station,

Solapur, the applicant-Ganesh s/o Haridas Ubale shall

be released on bail on furnishing P.R. Bond to the

extent of Rs.25,000/- with one or more sureties in the

like amount.

(c) The applicant shall report to the concerned police

station on 20/01/2023 and 21/01/2023 between

11.00 a.m. and 1.00 p.m. and thereafter as and when

called.

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      (d)   The     applicant    to    co-operate   with     the

      Investigating Officer.

(e) 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 and shall not tamper with evidence.

(f) The applicant shall furnish the details of his

residential address and phone number to the

investigating officer.

5. The Anticipatory Bail Application stands disposed of.

(M. S. KARNIK, J.)