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Bombay High CourtBA/176/2015others disposed off

Mohamad Firoz Khan @ Irani And ANR v. The State Of Maharashtra

2015-03-18Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

vsp 901-ba-176-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.176 OF 2015 Mohamad Firoz Khan @ Irani and Another ... Applicants Vs.

The State of Maharashtra ... Respondent Mr. Deepak Girme, for the Applicants.

Mrs. R.V. Nevton, APP, for Respondent - State. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: MARCH 18, 2015 P.C.:

1.

This bail application is moved by the applicants/accused who are father and the son prosecuted for the offence of robbery punishable under Sections 395 and 412 read with 34 of Indian Penal Code registered at C.R.No. 195 of 2014 at Nigdi police station, Pune. 2.

One Lilavati Badhai is the informant that her gold mangalsutra was snatched by two motorcyclist on 13-04-2014. Applicants/accused are arrested on 13-05-2014. However there is recovery of 10 gold mangalsutras and gold articles pursuant to the panchanama under Section 27 of Evidence Act mangalsutra was found.

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901-ba-176-2015.doc 3.

The learned counsel for the applicants/accused submitted that these accused were not put for the identification parade and these two accused though arrested previously in same types of offences, they were released on bail in all those cases.

4.

The learned prosecutor opposes the bail application and she submitted that present applicants/accused along with other co-accused have committed the similar offences of chain or mangalsutra snatching in Nigdi, Chakan, Chaturshrungi area of Pune city. There are 27 cases registered and pending against all these accused. 5.

There is recovery at the instance of applicants/accused. There are cases of chain snatching pending against these accused and under these circumstances, this is not a fit case of bail. Hence, rejected. (MRS.MRIDULA BHATKAR, J.) 2 / 2