NARESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel Mr.Amrish Salunke appearing with Mr.Jigar Agarwal for the applicant/appellant. By the present application, the applicant/appellant prays for his enlargement on bail. The applicant/appellant was an accused in a criminal case registered at Ghatkopar Police Station vide Crime No.172 of 2013, and on conclusion of trial, the present applicant/appellant, along with other six accused, is convicted and sentence is awarded to him. The appeal presented by the appellant challenging the judgment and order recording conviction and awarding sentence is admitted.

(2.) The learned counsel for the applicant/appellant vehemently submitted that the learned trial Court committed serious error in appreciating the evidence and proceeded as if the applicant/appellant is the main culprit, whereas, the entire evidence brought before the court shows that the applicant/appellant was only in company of the main culprit accused and had no knowledge about the intentions of the main culprit. The learned counsel for the applicant/appellant, by inviting out attention to the order of this court dated 12 th January 2015, submitted that, the application viz., Bail Application No.2076 of 2014, was submitted in this court by the present applicant/appellant post filing of the charge-sheet and the learned Single Judge of this court, while considering the entire evidence in the form of charge-sheet, found that there was no reason to keep the applicant/appellant behind bars. The learned counsel for the applicant/appellant then invited our attention to the contentions submitted before the learned Single Judge and the observation of the learned Single Judge, more particularly, in paragraphs 6, 7 and 8. We may reproduce these observations for ready reference :

(3.) The learned counsel for the applicant/appellant then submitted that, on the earlier occasion, when the applicant/appellant was enlarged on bail pending trial, the applicant/appellant had followed all the conditions imposed on him and had not misused the liberty granted to him. The learned counsel, then, submitted that, it will take sufficient time for hearing of the appeal and when this court, post filing of the charge-sheet, allowed the application of the applicant, the applicant/appellant be enlarged on bail pending appeal before this court.