Criminal Bail Application No.490/2022 CNR No. MHNS010018742022

[Farid Salim Shaikh V s. State]

Order below Exh.1.

This is second bail application for regular bail U/s. 439 of Cr.P.C. in Cr.No.I­305/2020 of Bhadrakali P. S., for offences punishable under Sections 399, 353, 402, 427 I.P.C., in connection with the FIR lodged by Police Head constable Baburao Desale.

2.Second bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That the applicant was not aware that charge­sheet is filed. For purpose of his job, he was out of town and therefore, did not appear before JMFC Court resulting in issuance of non bailable warrant which was executed on 16.4.2022. That offence under Sec.427 of IPC is bailable in nature. The police misused their powers and without justification added Sec.399 and 353 of IPC. That the applicant shall abide by terms and conditions imposed upon him. On these main grounds and others have prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that the charge­sheet is filed against accused persons. That after release on bail, the applicant did not attend the court. That when inmates of the Scorpio vehicle were asked to halt, they deliberately dashed the police vehicle. On these main grounds and others have prayed for rejection of bail application.

4.Heard Ld. Advocate Mr.Kale for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Bhadrakali police station.

5.The present applicant was released on bail vide order dated 4.7.2020 passed in Cri.Bail application No.806/2020. He was directed to furnish PR and SB of Rs.15,000/­ and also directed to attend concern police station on every Thursday between 10.00 a.m. to 1.00 p.m. The applicant furnished PR and SB of Rs.15,00/­ and was released from jail. It is matter of record that after completion of investigation, charge­sheet is filed in CR No.I­305/2020 registered with Bhadrakali police station. The applicant did not attend Ld.JMFC court and therefore, NBW was issued which was executed on 16.4.2022 and since then the applicant is in jail.

6.Admittedly, the applicant did not follow the conditions imposed upon him. However, at the same time, it cannot be brushed aside that the offence under Sec.399, 353, 402, 427 of IPC are not punishable with imprisonment for life or death. Report of the police does not disclose criminal antecedents against accused. One more opportunity needs to be given to the applicant by imposing some stringent conditions. Hence, following order is passed.

ORDER
(1). Application is allowed.

(2). The applicant Farid Salim Shaikh be released on bail in Cr.No.I­305/2020 of Bhadrakali P. S., for offences punishable under Sections 399, 353, 402, 427 I.P.C. on furnishing a PR and SB of Rs.30,000/­ with one solvent surety of like amount on following conditions.

(a). He should furnish two documents about his identity proof and two documents in respect of identity proof of his relatives.

(b). He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer.

(c). Violation of any of the above mentioned condition, would result in cancellation of bail.

(3). Inform concerned police station accordingly.

(4). Bail before JMFC Court

VARDHAN PRATAPRAO DESAI Nashik. Date : 20/04/2022 Digitally signed by VARDHAN PRATAPRAO DESAI Date: 2022.04.21 11:07:48 +0530 ( V. P. Desai) Additional Sessions Judge, Nashik.