BENJIMAN VENKATESHWARLU ERAGADINNELLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners herein are seeking modification of the orders by which the petitioners were granted bail by the learned Judicial Magistrate, First Class, Kalyan.

(2.) There are 10 offences registered at Mahatma Phule Chowk Police Station, 3 offences are registered at Manpada Police Station, 1 offence is registered at Nizampura Police Station and 1 offence is registered at Taloja Police Station and 1 offence is registered at Kalamboli Police Station. The offences registered in C.R. No.289 of 2019, the applicants are charge sheeted for offence punishable under section 395 of the Indian Penal Code and the Sessions Court by order dated 21 st January 2020 has been pleased to allow the application filed under section 439 of the Code of Criminal Procedure, 1973 by directing the applicants to be released on furnishing P.R. Bond of Rs.25,000/- each. Similarly, in C.R. No.291 of 2019, the applicants are charge sheeted for an offence punishable under sections 399 , 402 , 120-B , 353 , 332 of Indian Penal Code and under section 2 r/w section 25 of the Indian Arms Act, 1959 and sections 37(1) and 135 of the Maharashtra Police Act, 1951. The applicants are enlarged on bail by the Sessions Court, Kalyan vide order dated 5 th February 2020 directing the applicants to be enlarged on bail on furnishing P.R. Bond of Rs.50,000/- with one solvent surety. As far as other offences are concerned, the applicants are enlarged on bail on furnishing P.R. Bonds in the sum of Rs.15,000/- each in each of the offences.

(3.) The learned APP submits that the conditions imposed upon the applicants need not be relaxed. The learned APP submits that the applicants are the original residents of Andheri Pradesh and therefore, their presence at the trial needs to be ensured by all means and hence, the orders do not require any modification in view of the fact that they are being prosecuted for the offence punishable under section 395 of the Indian Penal Code. It is true that the liberty of an individual cannot be allowed to outweigh the security and safety of the society at large. However, it would be necessary to adopt a humanitarian approach.