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2007 DIGILAW 115 (BOM)

Bharat Baburao Gavhane v. State of Maharashtra

2007-01-25

P.S.BRAHME

body2007
Judgment 1. Heard Mr.S.K.Shaikh, learned advocate for the applicants and Mr.B.J.Sonawane, learned A.P.P. for the Respondent-State. 2. Applicants have applied for grant of bail in connection with Crime No.134/2001 registered against them at Shrirampur Sahar Police Station, District Ahmednagar for offences under Sections 302, 307, 324, 325, 143, 147, 148 and 149 of I.P.C. and Section 4(25) of Arms Act. Their prayer for grant of bail has been rejected by the Additional Sessions Judge, Shrirampur, by order dated 28.09.2006. 3. I have perused the order passed by the trial Court rejecting the application for grant of bail. This criminal case has its own chequered history, in the sense that for adding the offence under the M.C.O.C. Act proceeding was initiated before the Special Court at Nasik. However, that claim of the State for adding offence under the M.C.O.C. Act came to be rejected. Against that order, the State has preferred Criminal Appeal No.73/2005 in the High Court of Judicature at Bombay and that appeal also came to be dismissed by order dated 17.11.2006. What is also surprising is that because of this, the trial in the matter get protracted though the offence in question came to be registered in the year 2001. 4. It is further pertinent to note that the trial then proceeded and as has been submitted by the learned Counsel for the applicants, some witnesses have been examined. But the fact remains that the applicants remained in Jail since 19.07.2001 i.e. almost for a period of more than six years. It is, in this contingency, the applicants have approached this Court when their application has been rejected by the trial Court. It is brought to my notice by the learned Counsel for the applicants, so also the learned A.P.P., that some co-accused persons have preferred application for bail and this Court, by order dated 20.12.2006, by allowing their applications, granted bail and in that order, as it is seen, the Court has observed that the trial could not commence for a period of more than five years and therefore, taking into consideration that the offence has been registered in the year 2001, this Court was inclined to grant bail to the co-accused. 5. 5. In view of this order passed by this Court in respect of the co-accused and when the present applicants are also similarly situated and when they are in jail since almost six years, I am of the opinion that there is no reason to take a different view. 6. As such, the application for grant of bail is allowed. The applicants be released on bail, in connection with Crime No.134/2001 registered with Shrirampur Sahar Police Station, District Ahmednagar, on their furnishing personal bond of Rs.25,000/- (Rs. Twenty five thousand) each with one surety in the like amount, on condition that they shall not enter the area of Shrirampur Sahar Police Station except and when required to attend the Court at Shrirampur till completion of the trial. It is further directed that the applicants shall furnish their addresses to Shrirampur Sahar Police Station and also to the Police Station of the area where they would reside and also report to the said Police Station on 1st and 15th of every month pending conclusion of the trial. It is further needless to say that the applicants, who have been now granted bail, shall not misuse the liberty by even making an attempt to tamper with the evidence or by influencing the witnesses.