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MHNS010035392022
Order below Exh. 1 in Criminal Bail
Application No. 870/2022.
1.

This is an application moved by the applicant/accused Arjun
Ravindra Pardeshi under section 439 of the Code of Criminal Procedure in
C.R.No.I­59/2021 registered against accused at Mhasrul Police Station for
the offence punishable under sections 394, 341 r/w section 34 of the
Indian Penal Code and added section 395 of the Indian Penal Code.
2.

It is submitted by the accused that he is resident of Nashik.

FIR is lodged against unknown person and no allegations has been made
against the present accused. Co­accused in this crime are already released
on bail. The role attributed to them and accused is same hence on the
ground of parity bail be granted.

Five months have lapsed from the
commission of the offence. Investigation is completed and charge­sheet
has been filed in the Court. Nothing has to be recovered at the instance of
accused. There are no direct and indirect allegations against the present
accused. Only on the suspicion the present accused was arrested. Accused
has not taken any money or threaten the complainant. Initially offence
was registered against the accused under section 394, 341 r/w section 34
of the IPC but intentionally to decline bail offence under section 395 of
IPC has been leveled against accused. He is ready to abide by all the terms
and conditions. Hence, prayed to allow the application.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused has committed serious
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offenece. Accused had knowledge that co­accused are habitual offender
yet he has given shelter in his house. If the bail is granted accused will
commit similar type of offence and he will have no fear of law. If accused
is released on bail he will tamper the complainant and prosecution
witnesses and commit cognizable offence.

Subsequently, investigating
officer has also submitted that Crime bearing No. 107/2021 has been
registered against the accused in Ambad Police Station against which
MOCCA has been leveled in which the present applicant has the main
accused. Hence, prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. Perused the
charge­sheet it is seen that initially offence under section 394, 341 of IPC
were leveled against accused and subsequently offence under section 395
and 212 of IPC added. On perusing the FIR it is seen that present accused
even after having knowledge that other main accused have committed the
offence yet he intentionally gave them shelter in his house. It is seen that
offence under section 212 of IPC has been leveled to that behalf. Charge­
sheet has been filed. Considering the involvement of the present accused
his role is limited of giving shelter to the co­accused. Trial will take time.
Accused is resident of Nashik. His presence can be secured. Investigation
is already completed. Nothing has to be recovered from the accused.
Apprehension of the investigating officer can be taken care by imposing
certain conditions. Hence, following order is passed :­
ORDER
1]
The application is hereby allowed.

2]
The accused Arjun Ravindra Pardeshi involved in C.R. No.I­59/2021
of Mhasrul Police Station for the offence punishable under sections 394,
341 r/w section 34 of IPC and extra section leveled under section 395,
212 of the IPC, be released on bail on his executing P.R. and S.B. of
Rs.25,000/­ (Rupees Twenty Five Thousand Only)
with one or two
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sureties in the like amount.
3]
The accused shall mark his presence in Mhasrul Police Station on
every Monday and Friday from 11.00 a.m. to 1.00 p.m. till filing of the
charge­sheet and to co­operate investigating Officer.
4]
The accused shall not tamper with the prosecution evidence or
witnesses.
5]
The accused shall not commit similar type of offence.

6]
The accused shall furnish address proof, photo identity and mobile
number of self and his two close relatives.
7]
In case of breach of the conditions, the respondent is at liberty to
apply for cancellation of bail.
8]
Bail before committal court, if the case is not committed.

Nashik.
Date : 25/07/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.