Order 3

Order Details: Bail Order
Pdf Text: C. C. No. 857 PW 2022 State Vs Purab and anr.
CNR No.MHMM18-004131-2022
ORDER BELOW BAIL APPLICATION NO. /2023
1. Somewhat peculiar and disturbing facts leading to filing of the
present bail application and passing this bail order are as under -
The present charge sheet is filed under Sections 353, etc. of Indian
Penal Code. The principal offence is triable by Court of Sessions. During
investigation the another accused was arrested and released on bail by
Sessions Court. However, the present accused/applicant not arrested and
furnished bond before Investigating Officer to appear before this court,
whenever required. Later on charge sheet has been filed. None of the
accused appeared for committing the matter to Sessions Court. Therefore,
warrant was issued.
Accused No.1, Mr. Purab, was arrested and produced before this
court. Today bail is granted to him. The present applicant also appeared
with her advocate Mr. Jitendra Gamare. Said advocate not brought the
fact that the present applicant/accused, neither obtained any anticipatory
bail, nor applied for regular bail. He created impression that she is already
on bail and filed committal pursis, Exh.5. Then he left the court.
When the matter is called the said fact is noticed by the court and
therefore, by passing order below Exh.1, the present applicant, is taken in
M.C.R. and matter is supposed to commit today. Advocate Mr. Gamare,
also not filed his V.P. He was repeatedly called, but nobody turned up on
his behalf. Due to his fault, there remained no option, but to send the
present applicant/accused to jail as she is taken in M.C.R. and offence is
triable by Court of Sessions.
Considering the fact that accused is a woman of tender age and
very poor and the callous attitude showing apathy towards the status of
the present applicant/accused and the intricacies to be followed, this court
provided legal aid to the accused through Advocate Shri. R. R. Mishra,
who has also represented the Accused No.1.
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C. C. No. 857 PW 2022 State Vs Purab and anr.
CNR No.MHMM18-004131-2022
2. Therefore, present bail application is filed mainly on the grounds
that accused is a woman, very poor and innocent. Investigation is over,
charge sheet is filed. She is ready to remain abide by the conditions, if
any, imposed, etc. Ld. A.P.P. has not seriously objected to it except
mentioning that offence is triable by Court of Sessions.
3. Admittedly investigation is over and charge sheet is filed. Today
matter is also committed to Sessions Court, for trial. Accused is ready to
remain abide by the conditions. In addition to these grounds, for the
reasons mentioned in bail order passed today in respect of Accused No.1,
I am of the opinion that this is also a fit case to grant the bail. As such
application needs to be allowed.
4. While dictating order Ld. Advocate Shri. Jitendra Gamare,
appeared and submitted that there is no intentional fault on his part. But
all those submissions holds no water. This court repeatedly noticed such
behaviour on his part which is very objectionable. Unfortunately these
observations are made, but it is requested to him that he should maintain
the standards of practice. He also tried to apply for bail, by filing another
application, but it is brought to his notice that legal aid is already
provided and application is already filed.
5. In view of observations made in Paragraph No.3, above, following
order -
ORDER
a. Application is allowed.
b. Accused/applicant Smt. Soni Lashkare @ Renu Jignesh Lashkare,
is released on bail on her furnishing P.B. and S.B. of Rs.15,000/-.
c. She shall furnish her detail address and proof thereof.
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C. C. No. 857 PW 2022 State Vs Purab and anr.
CNR No.MHMM18-004131-2022
d. Provision cash security in substitution of S.B. for one week.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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