Amit Deepakrao Ghuge And Ors vs The State Of Maharashtra on 13 September, 2021

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Bombay High Court

Amit Deepakrao Ghuge And Ors vs The State Of Maharashtra on 13 September, 2021

Bench: A.S. Gadkari

Osk                                               34 & 35-ABA-2191-2021 & ABA-2192-2021.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

         CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2191 OF 2021

Mukesh Dilip Sahane                                         ... Applicant
      V/s.
The State of Maharashtra                                    ... Respondent

                                 WITH
         CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2192 OF 2021

1. Amit Deepakrao Ghuge
2. Aniket Satish Sonawane
3. Amol @ Avinash Chandrakant Ighe &
4. Kiran Sainath Gade                                       ... Applicants
       V/s.
The State of Maharashtra                                    ... Respondent


Mr.S.T. Pandey a/w. Mr.Arvind Singh and Mr.Ashif Hussain i/b. SBG &
Associates for Applicants.
Mrs.Anamika Malhotra, A.P.P. for Respondent-State in ABA/2191/2021.
Mr.Y.M. Nakhwa, A.P.P. for Respondent-State in ABA/2192/2021.


                                      CORAM : A.S. GADKARI, J.

DATE : 13th September 2021.

P.C. :

1. Applicants are apprehending arrest in connection with C.R. No.I- 211 of 2011 dated 24th August 2021 registered with Bhadrakali Police Station, District Nashik for the offence punishable under Section 143, 147, 149, 336, 341, 504, 506, 188, 269, 270 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act, 2013.

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Osk 34 & 35-ABA-2191-2021 & ABA-2192-2021.odt

2. Heard Mr.Pandey, learned counsel for the Applicants, Mrs.Malhotra and Mr.Nakhwa, learned APP's for State. Perused the record.

3. Learned counsel for the Applicants submitted that, except Section 7 of Criminal Law Amendment Act, 2013, rest of the Sections applied to the present crime are bailable. He submitted that, with a view to implead the Applicants in a higher grade of offence, Section 7 of the Criminal Law Amendment Act has been applied to the present crime, which is a non-bailable offence.

4. Learned A.P.P. submitted that, the Investigating Officer is not present to give instructions and therefore she is unable to assist this Court on factual aspects.

At her request, stand over to 5th October 2021.

5. Till the next date, the Applicants are granted interim relief.

6. Hence, the following Order:-

(i) In the event of arrest in C.R. No.I-211 of 2011 dated 24th August 2021 registered with Bhadrakali Police Station, District Nashik for the offence punishable under Section 143, 147, 149, 336, 341, 504, 506, 188, 269, 270 of I.P.C. and Section 7 of the Criminal Law Amendment Act, the Applicants shall be released on bail on their furnishing P.R. bond in the sum of 2/3 Osk 34 & 35-ABA-2191-2021 & ABA-2192-2021.odt Rs.10,000/- each with one or two separate local sureties.

(ii) Applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

7. Stand over to 5th October 2021.



                                                                    [A.S. GADKARI, J.]




           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2021.09.15
           14:46:22 +0530




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