Bombay High Court
Gajanan Nivrutti Dongare vs The State Of Maharashtra on 2 December, 2019
Author: R.G. Avachat
Bench: R.G. Avachat
BA-1097-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1097 OF 2019
Gajanan Nivrutti Dongare ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT
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Mr. S.S. Jadhav, Advocate for applicant
Mr. K.D. Mundhe, A.P.P. for respondent - State
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CORAM : R.G. AVACHAT, J.
DATE : 02nd DECEMBER, 2019
PER COURT :-
This is an application for bail under Section 439 of Code of
Criminal Procedure. The applicant has been arrested in connection with
Crime No. I-343 of 2017 registered with M.I.D.C. Police Station, Dist.
Ahmednagar for the offences punishable under Sections 420, 406 and 408
of the Indian Penal Code and under Section 3 of the Maharashtra Protection
of Interest of Depositors Act.
2. Heard. Perused First Information Report ("F.I.R." for short) and
related police papers.
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2 BA-1097-19
3. Learned A.P.P. opposed grant of bail to the applicant.
4. The applicant has filed this application on medical ground.
The applicant is suffering from paralysis because of brain stroke. He is a
diabetic and heart patient as well. The medical papers have been
produced on record. The applicant is 69 years of age. He had been
admitted to Sasoon General Hospital, Pune from 26 th June, 2019 to 04th
July, 2019. The report submitted by the Superintendent, Ahmednagar
District Prison Class-2, Ahmednagar on 22 nd July, 2019 suggests that the
applicant's health condition was precarious. He had, therefore, requested
to shift the applicant to Yerwada Central Prison, Pune so that he could be
taken to Sasoon General Hospital, Pune for treatment.
5. Considering the health condition of the applicant, as is made
out from his medical papers, the application deserves to be allowed.
Hence I pass the following order :-
ORDER
(I) The application is allowed.
(II) The applicant be released, in connection with Crime
No. I-343 of 2017 registered with M.I.D.C. Police Station, ::: Uploaded on - 03/12/2019 ::: Downloaded on - 04/12/2019 01:57:23 ::: 3 BA-1097-19 Dist. Ahmednagar for the offences punishable under Sections 420, 406 and 408 of the Indian Penal Code and under Section 3 of the Maharashtra Protection of Interest of Depositors Act, for a period of six months, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.
(III) The applicant shall surrender to the Superintendent, Ahmednagar District Prison Class-2, Ahmednagar after the bail period if over.
(IV) The applicant shall not tamper with the prosecution evidence.
( R.G. AVACHAT, J. ) SSD ::: Uploaded on - 03/12/2019 ::: Downloaded on - 04/12/2019 01:57:23 :::