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2023 Supreme(Bom) 68

VINAY JOSHI, VALMIKI SA MENEZES
Adv. Surendra S/o Pundalik Gadling – Appellant
Versus
State of Maharashtra, Through, P. S. O. Etapalli – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Firdos T. Mirza, Advocate with Nihalsing B. Rathod, Advocate
For the Respondent: Shri Neeraj B. Jawade, Special Public Prosecutor

JUDGMENT :

Valmiki Sa Menezes, J.

Heard. Admit.

2. By consent of the learned Counsel appearing for the parties, this Criminal Appeal is taken up for final hearing.

3. By this appeal, filed under Section 21(4) of the National Investigation Agency Act, 2008 (“NIA Act”), the Appellant has challenged judgment and order dated 28.03.2022, passed by the Sessions Court, Gadchiroli, in Sessions Case No.99/2019 (State of Maharashtra, Through P.S.O. Police Station, Etapalli, District : Gadchiroli ..V/s.. Surendra Pundlik Gadling and others), refusing regular bail to the Appellant, who is accused No.1 in that Trial.

4. Sessions Case No.99 of 2019 was registered upon filing final report dated 29.05.2019 under Section 173 of the Code of Criminal Procedure, 1973 (“CrPC”).

The facts, as seen from the charge-sheet filed by the NIA, are as follows :

4.1 The First Information Report (“FIR”) came to be registered as Crime No.35 of 2016, with Police Station, Etapalli, Tahasil Aheri, District Gadchiroli, under Sections 307, 341, 342, 435, 323, 504, 506, 143, 147, 148, 149 and 120(B) of the Indian Penal Code, 1860 (“IPC”), Sections 5 and 28 of the Indian Arms Act, 1959 (“IA Act”), Section 135 of the Maharashtra

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