Cri. Bail Appln. No.432 of 2022 (Or. Exh.1)

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.432 of 2022
CNR No. MHNS010015292022

Ajay Patric Manwel
Age : Adult, Occ.: Business R/o : Dyanmandir Karmvir Dadasaheb
Nagar, Igatpuri, Tal. Igatpuri, Dist. Nashik. … Applicant/Accused.

V/S

State of Maharashtra Through – P.I. Igatpuri Police Station (C.R. No.I­101/2020) … Respondent/State.

Appearance : Ld. Adv. Shri. A. I. Deshmukh for Applicant/Accused.
Ld. Adv. Shri. Sachin Gorwadkar for Respondent.

ORDER BELOW EXH. No.1

(Delivered on 11Th April, 2022)

1.This is an application filed under Section 438 of Criminal [procedure Code for grant of anticipatory bail in C. R. No.I­101/2020 Registered with the respondent Igatpuri Police Station for an offence punishable under Sections 302 and 120 (B) of the Indian Penal Code.

2.Read the application and the say filed by the respondent vide Exh.3. Heard Ld. Advocate for applicant and Ld. A.P.P. for State. Gone through the documents on record. So also the authority relied by the Ld. Advocate for applicant i.e. “Suresh Krishnarao Pol v/s State of Maharashtra, reported in 2009 All MR (Cri) 3289 of the Hon’ble Bombay High Court (Bench at Nagpur)”.

3.Ld. Advocate for applicant submits that, the applicant as per the prosecution case was at the Railway Station and he planned the murder. He argued that the investigation is over and the charge­sheet is
filed. He further submits that, nothing is to be recovered or discovered at the instaAs far as the authority relied by nce of the applicant. He submits that, custodial interrogation is not necessary. Therefore, prayed to allow the application on any terms.

4.Ld. A.P.P. submits that, offence alleged are serious in nature. He further submits that accused No.5 was the planner of the murder. He submits that, investigation as regards this applicant is
remaining as he was absconding. He submits that, there is a history of the applicant. Therefore, prayed to reject the application.

5.Upon hearing and going through the material placed on record, what can be gathered is that except this applicant other accused persons came to be arrested and some are released on bail, considering
their role and involvement in the Crime. This applicant was absconding, therefore investigation as regards the applicant remain and Charge­ sheet came to be filed. Though, nothing is to be seized or recovered at the instance of the applicant. Still prima­facie there is a role attributed by the respondent to the applicant. Therefore, custodial interrogation of the applicant is necessary. Offence alleged is serious in nature. Therefore, this Court does not find it proper to invoke the discretion of
bail in favour of the applicant.

6.As far as the authority relied by Ld. Advocate for the applicant is concerned, this Court finds that the facts of the said authority is altogether different, then the case in hand. Therefore, the said authority can not be said to be applicable to our case in hand.

7.For the forgoing reasons and discussion, this Court finds that, the application fails. Hence, the order.

O R D E R
Criminal Bail Application No.432 of 2022 stands rejected and disposed off accordingly.

MUSHTAQUE HUSSAIN SHAIKH Place : Nashik. Date : 11/04/2022 Digitally signed by MUSHTAQUE HUSSAIN SHAIKH Date: 2022.04.11 17:15:36 +0530 (M. H. Shaikh) Additional Sessions Judge, Nashik.