ba-808-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.808 OF 2011 Ganpat Raghunath Gangurde ... Applicant V/s. The State of Maharashtra ... Respondents Mr.Rajendra Rathod, Advocate for the Applicant Mrs.S.D.Shinde, A.P.P. for the Respondent State. CORAM:- A.M. THIPSAY, J. DATED :- 14 TH JULY, 2011. P.C. : 1. The applicant is alleged to have committed offence punishable u/s 387 and 386 of I.P.C. He is in custody since 6th November 2010. 2. Undoubtedly, a prima facie case exists against the applicant. The applicant appears to have been apprehended pursuant to the trap that was led by the Investigating Agency. There is another case of similar offence pending against the applicant, who, in that case, is already on bail. 3. Though prima facie case exists, it cannot be ignored that the applicant is in custody since last more than 9 months. No weapon could be recovered at the instance of the applicant during the investigation. Threats were, admittedly, given on telephone. 4. The learned A.P.P. submits that charge has been framed against the applicant today itself, and the case is kept for recording of evidence. She submits that, therefore, at this stage, the applicant may not be released on bail. ba-808-11.sxw 2 Dixit 5. I have considered the matter from all angles. No gain has been actually made by the applicant in the alleged offence. The applicant is not defended by an advocate in the case before the Magistrate. There were some previous cases registered against the applicant in the years 1994 and 2006, the details whereof are not available with the Investigating Agency at the moment. There has been inordinate delay in framing of the charge. Since the applicant is in custody, he may not be able to defend himself properly. His release on bail, for being able to defend himself properly, is justified in the circumstances. 8. The applicant is ordered to be released on bail in the sum of Rs.40,000/- with one surety in like amount or two sureties in the sum of Rs.20,000/- each, on the condition that he shall report to the Nehru Police Station everyday between 6.00 p.m. to 8.00 p.m. till disposal of the case against him. 9. The learned Magistrate is directed to expedite the trial and complete it within a period of 4 months from today. [A.M. THIPSAY, J.]