Ganesh Ramesh Zende v. The State Of Maharashtra
rpa 1/4 23 ba 63 2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.63 OF 2020 Ganesh Ramesh Zende .. Applicant
Versus
State of Maharashtra .. Respondent ......
Mr.Kishor Maru, Advocate for the Applicant.
Ms.Anamika Malhotra, APP for the Respondent - State. ......
CORAM : PRAKASH D. NAIK, J.
DATED :
MARCH 17, 2021.
P.C. :
The applicant seeks his enlargement on bail in connection with C.R.No.I-739 of 2018, registered with Manpada Police Station, Thane, for the alleged ofences punishable under Section 392 read with 34 of Indian Penal Code. Learned APP opposed the application. He submits that there are similar cases registered as against the applicant Digitally signed by RajeP. Aher Date:
2021.03.20 15:13:44 +0530 i.e. 6 cases. Learned counsel for the applicant, however,submits RajeP.
Aher that he is not arrested in any of those cases. Perused the papers. According to the complainant, on 26th December, 2018, he was carrying a sum of Rs.1,10,000/-,
rpa 2/4 23 ba 63 2020.doc given to him by his employer, for handing it over to one Uday Gawde. He was riding on his scooter. He was obstructed by two persons. They snatched the bag carrying amount and ran away. FIR was lodged against unknown person. In the supplementary statement dated 27th December, 2018, he stated that he was carrying a sum of Rs.12,91,000/-. All the three accused in the said case were arrested on 29th December, 2018. Rs.4,81,000/- were covered from Gurpreet Singh. There is recovery of Rs.3,20,000/-, at the instance of the applicant. Rs.3,41,000/- were recovered from another accused. It appears that in the Test Identifcation Parade, the applicant was identifed by the complainant/frst informant. The role of the applicant is similar to that of the co-accused Gurpreet Singh who has been enlarged on bail by this Court (Coram : S.K. Shinde, J.) vide order dated 4th November, 2019. It appears that Gurpreet Singh was also identifed in the Test Identifcation Parade and there was recovery of Rs.4,81,000/-, at his instance.
On the ground of parity, the application can be allowed.
Hence, I pass the following order:
rpa 3/4 23 ba 63 2020.doc :: O R D E R ::
(i) Bail Application No.63 of 2020, is allowed;
(ii) Applicant is directed to be released on bail in connection with C.R.No.I-739 of 2018, registered with Manpada Police Station, Thane, on executing P.R. Bond in the sum of Rs.50,000/-, with one or more local sureties in the like amount;
(iii) Applicant shall attend the concerned police station on frst Saturday of every month between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial; (iv) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the investigating oficer of the concerned police station;
(v) Applicant to cooperate with the conduct of the trial and attend the trial Court on all dates, unless exempted;
rpa 4/4 23 ba 63 2020.doc (vi) Applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case; (vii) Applicant shall fle an undertaking with regards to Clauses (iii) (iv) in the trial Court,within two weeks of his release;
(viii) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail;
(ix) The application is allowed in the aforesaid terms and is accordingly disposed of;
(x) It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfuenced by the observations made in this order;
(xi) All concerned to act on the copy of this order, digitally signed by the Private Secretary of this Court.
(PRAKASH D. NAIK, J.)