Bombay High Court
Santosh Ramchandra Waghmare vs The State Of Maharashtra on 11 June, 2019
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1353 OF 2019
WITH
CRIMINAL APPLICATION NO. 835 OF 2019
IN
BAIL APPLICATION NO.1353 OF 2019
Santosh Ramchandra Waghmare ] ... Applicant
Versus
The State of Maharashtra ] ... Respondent
Mr. Abhay Jadhavar, Advocate for Applicant.
Mr. S.H. Yadav, APP for State/Respondent.
CORAM :- SARANG V. KOTWAL, J.
DATE :- 11 JUNE, 2019.
P. C. :-
1. The applicant is seeking bail in connection with
C.R.No.162/2011 registered with Mundhwa Police Station, Pune
u/sec. 436 of I.P.C.
2. The FIR was lodged by one Vishal Meshram on the allegations
that on 14/11/2011 the present applicant poured petrol on his
motorcycle and burnt it. Due to this act of the applicant, the seat
cover, mudguard cover, chain cover and wiring was burnt and damage
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to the tune of Rs.10,000/- was caused to the first informant. Based on
these allegations, the offence was registered.
3. The applicant was not immediately arrested and it is the case of
the prosecution that he was absconding for more than seven years.
Finally, the applicant was arrested on 18/03/2019 and since then he
is in custody.
4. Heard Mr. Abhay Jadhavar, Advocate for the Applicant and
Mr.S.H. Yadav, APP for State/Respondent.
5. The allegations in the FIR do not make out any case u/sec. 436
of I.P.C. The act of the applicant has not caused destruction to any
building. At worst Section 435 of I.P.C. can be attracted which is a
bailable offence. In this view of the matter though the applicant was
not available for seven years but since the offence is bailable, he
cannot be kept in jail. Therefore, I am inclined to grant bail to the
applicant. Hence, the following order.
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ORDER
1. The Applicant is directed to be released on bail in connection with C.R.No.162/2011 registered with Mundhwa Police Station, Pune on his executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.
2. The applicant shall attend each and every date before the Trial Court.
3. The applicant shall attend Mundhwa Police Station every alternate Sunday from 3.00 p.m. to 5.00 p.m.
4. Application stands disposed of accordingly.
5. In view of the disposal of bail application, the other application does not survive and is also disposed of.
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