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Bombay High CourtBA/150/2017bail rejected

Suraj Subhashchandra Dube v. The State Of Maharashtra

2017-04-13Hon'Ble Shri Justice A.S. Gadkari2 pages

1 / 2 35-BA-150-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.150 OF 2017 Suraj Subhashchandra Dube .... Applicant versus State of Maharashtra ... Respondent .......

• Mr.Ashwini Milan Desai, Advocate for the Applicant. • Ms.Veera Shinde, APP for the State/Respondent.

CORAM

: A.S.GADKARI, J.

DATE : 13th APRIL, 2017.

P.C. :

1.

This is an application u/s 439 of Cr.P.C. for bail in C.R.No.710/15 dated 18/12/2015 registered with Suman Nagar Police Station for the offences punishable u/s 392 r/w 34 of the Indian Penal Code and u/s 3, 25 of the Arms Act. 2.

It is the prosecution case that the applicant pretending himself as Pritam Shah, booked a Sony Camera from "Flipkart", an online trading company. The complainant was working for the said company as a delivery boy. On the date of delivery, the said Pritam Shah called the applicant at an isolated place and Nesarikar

2 / 2 35-BA-150-17.odt alongwith co-accused committed robbery on the point of Gun of the said camera.

3.

The record discloses that during the course of investigation it is revealed that the applicant is the same Pritam. The first informant has identified the applicant in the test identification parade. The record further reveals that when the applicant was on bail in C.R.No.381/12 u/s 302 of the Indian Penal Code, he has committed the present offence. 4.

In view of the above, the applicant does not deserve to be released on bail. The application is accordingly rejected. (A.S.GADKARI, J.) Nesarikar