Rajendra Dattatraya Kadam vs The State Of Maharashtra
2023 Latest Caselaw 6436 Bom

2023:BHC-AS:18514



                                               :1:                        17-ii-ia-2424-23bail.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO.2424 OF 2023
                                                   IN
                      CRIMINAL REVISION APPLICATION [STAMP] NO.11416 OF 2023

                    Rajendra Dattatraya Kadam                             .....Applicant
                               Versus
                    State of Maharashtra                                  ....
                    Respondent

                                                 -----
                    Mr.    Hitesh Mutha, Advocate (Legal Aid Appointed
                    Advocate) for the Applicant.
                    Ms. M.R. Tidke, APP for the Respondent-State.
                                                 -----

                                                     CORAM : SARANG V. KOTWAL, J.

                                                     DATE    : 06th JULY, 2023

                    P.C. :

                    1.               Heard Shri Hitesh Mutha, learned appointed

                    counsel for the Applicant and Ms. M.R. Tidke, learned APP

                    for the Respondent-State.


                    2.               This is an application for bail pending the final

                    disposal of Criminal Revision Application.

                                                                                            1 of 4

                    Deshmane(PS)




                ::: Uploaded on - 07/07/2023                     ::: Downloaded on - 07/07/2023 18:33:07 :::
                                :2:                    17-ii-ia-2424-23bail.odt

 3.               Learned counsel for the Applicant submitted that

 the Applicant is very poor financially. He has old parents and

 two young children to look after. The Applicant was

 sentenced to suffer RI for two years, out of which he has

 completed actual imprisonment of one year and five months.


 4.               Learned counsel for the Applicant submitted that

 the incident was dated 18.12.2005. It had taken place in the

 evening.        It is alleged that the Applicant along with the

 Accused No.1 snatched a gold ganthan and a pendent from

 PW-2 i.e. first informant's neck. They went away on a

 motorcycle. After that the FIR was lodged at Satara City

 Police Station vide C.R. No.144/2005.


 5.               Learned counsel for the Applicant invited my

 attention to paragraph-22 of the appellate judgment in

 which it was mentioned that the test identification parade of

 the Applicant was not held. He submitted that the first

 informant identified the Applicant in the Court after three

 and half years from the date of incident. Therefore, identity

 of the Applicant was in doubt. He further submitted that the
                                                                        2 of 4




::: Uploaded on - 07/07/2023                 ::: Downloaded on - 07/07/2023 18:33:07 :::
                                :3:                        17-ii-ia-2424-23bail.odt

 recovery evidence is doubtful. He, therefore, submitted that

 in this background, the Applicant deserves to be released on

 bail.


 6.               Learned APP opposed this application. He

 pointed out that in the past the Applicant had not diligently

 attended the court proceedings.


 7.               I have considered these submissions. While it is

 true that in the past the Applicant was not diligent in

 attending the Court proceedings. However, the fact remains

 that out of the period of two years, he has already completed

 more than one year & five months. With remission, he is

 likely to be released even earlier. Therefore, I do not see any

 reason to keep the Applicant behind bars at this stage during

 pendency of the Revision Application, which is likely to take

 a long time to be decided.


 8.               Hence, the following order :




                                                                            3 of 4




::: Uploaded on - 07/07/2023                     ::: Downloaded on - 07/07/2023 18:33:07 :::
                                :4:                         17-ii-ia-2424-23bail.odt

                                :: O R D E R ::

i. During pendency and final disposal of Criminal

Revision Application (stamp) No.11416/2023 filed

by the present Applicant, the Applicant is directed

to be released on bail on his executing a P.R. bond

in the sum of Rs.10,000/- (Rupees Ten Thousand

Only) with one or two sureties in the like amount.

It is made clear that this bail order is passed in

connection with the present subject matter only.

ii. With these observations, Interim Application for

bail is disposed of.

(SARANG V. KOTWAL, J.)

Deshmane (PS)

4 of 4