Bombay High Court
The State Of Maharashtra vs Yamesh Dilip Darekar on 18 March, 2024
Author: Prithviraj K. Chavan
Bench: Prithviraj K. Chavan
501-1151-2018-APPP=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1151 OF 2018
IN
CRIMINAL BAIL APPLICATION NO. 2171 OF 2017
The State of Maharashtra .. Applicant
Vs.
Yamesh Dilip Darekar .. Respondent
.....
Mr. Mayur S. Sonavane, APP for the applicant - State
Mr. Prashant Pandey a/w Irfan Unwala, Dinesh Jadhwani i/b
W3Legal LLP for the respondent
Mr. Manik Mohite, PSI a/w P.B. Desai, PSI, Samatanagar Police
Station present
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 18th MARCH, 2024.
P.C.
1. Not on Board. Upon mentioning, taken on Board.
2. Pursuant to an order passed by this Court on 4 th March, 2024, the applicant is produced under non-bailable warrant by P.I. (Crime) Samatanagar Police Station at 3.00 p.m.
3. Heard learned APP and the learned Counsel for the respondent.
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4. Learned Counsel for the respondent-accused submits that since the copies were given to him today itself, he seeks time to argue on the aspect of cancellation of bail by contending that the parameters of cancellation of bail are different.
5. Learned APP invites my attention to a chart submitted by the Police Inspector, Samatanagar Police Station, Mumbai indicating that as many as 34 crimes are registered against the respondent- accused. Essentially, while granting bail to him on 14 th November 2017 in Crime No.344 of 2015 for the offences punishable under Sections 307, 143, 147, 148, 149 of the Indian Penal Code and under Section 37(1) of the Maharashtra Police Act, apart from other conditions, condition nos. (v) and (vi) are as under :-
"(v) The applicant / accused should not commit any crime in future while enjoying liberty under this order.
(vi) Failure to abide by the conditions so imposed shall warrant cancellation of bail granted to the applicant / accused."
6. It was specifically directed not to commit any crime in future while enjoying the liberty under the order. It is also stated that failure to abide any conditions so imposed shall warrant 2 of 3 ::: Uploaded on - 18/03/2024 ::: Downloaded on - 19/03/2024 18:12:52 ::: 501-1151-2018-APPP=.doc cancellation of bail. After the order of bail, the applicant had been booked for the following Crime Nos. at SR.No. 24 to 31.
Crime No. Sections Case / Sessions Present
Case No. Status
C.R. No.465 Sec. 326, 323, 504, 506(2) of the Case Subjudice
of 2018 IPC No.2741/PW/201
8
C.R. No. 673 Sec. 385, 34 IPC r/w 37(1)(a), 135 Case Subjudice
of 2018 of the Maharashtra Police Act No.588/PW/2021
C.R. No.747 341, 506(2), 504 of the IPC r/w Case Subjudice
of 2018 37(1)(a), 135 of the Maharashtra No.0010/PS/202
Police Act 2
C.R. No.39 of 452, 385, 341, 504, 506 (2), 34 Case Subjudice
2021 IPC r/w 4, 25 Arms Act r/w 34(1) No.1296/PW/202
(a), 135 of the Maharashtra Police 1
Act
C.R. No. 307 452, 354, 323, 504, 506(2) IPC r/ 3245/PC/2023 Subjudice
of 2022 w Sec. 4, 25 of the Arms Act r/w
Sec. 37(1)(a) of the Maharashtra
Police Act
C.R. No. Sec.394, 452, 506(2), 324, 323, Case No. Subjudice
1285/2022 504 of the IPC 1095/PW/2023
C.R. No. 687 Sec. 324, 341, 323, 504, 506(2), Chargesheet Chargesheet
of 2023 34 of the IPC ready ready
C.R. No.110 324, 323, 504, 34 of the IPC under under
of 2024 Investigation investigation
7. In view of the above, since the matter is fixed tomorrow let the accused be produced tomorrow.
8. List on 19th March 2024 at 10.30 a.m. (PRITHVIRAJ K. CHAVAN, J.) 3 of 3 ::: Uploaded on - 18/03/2024 ::: Downloaded on - 19/03/2024 18:12:52 :::