Riyaz Amin Inamdar v. State Of Maharashtra
2023:BHC-AS:26447
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.262 OF 2023 RIYAZ AMIN INAMDAR ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Ms. Rui Danawala i/b. Mr. Suyash Nitin Khose for the applicant.
Ms. Rutuja Ambekar, APP for the State.
PSI Dattatray Sukale, Chakan Police Station, Pune. ------------ CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 11, 2023.
P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for bail in respect of the offence punishable under Sections 395, 120-B, 412, 392 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 22.09.2020 vide C.R. No.1036 of 2020 with Chakan Police Station, Pune.
3.
The applicant is the accused no.3. In all there are six accused. The applicant was arrested on 07.10.2020. It is the case of the prosecution that on 21.09.2020 the 1/4
complainant when he was proceeding in his truck, four people on two motorcycles obstructed the container. Three accused boarded the cabin of the container. Out of them two accused brandished knives and pushed the complainant from the driver's seat. One accused took the control of vehicle and started driving the same. The accused forcibly took the mobile phone of the complainant and switched it off. The complainant was blindfolded by using a handkerchief. The goods in the truck were stolen and emptied in the godown of one of the acquaintances of the accused. The container contained 875 boxes of spare parts of Tata Motors Private Limited of which 186 boxes, the approximate value of which is Rs.8 lakhs, were stolen. The goods were then shifted to another godown.
4.
Pursuant to the investigation the accused were arrested. The stolen goods have been recovered from the accused No.1. It is the contention of learned APP that the accusations are serious and there is a recovery of the knife and Rs.10,000/- from the applicant. There are no accusations that any money was stolen from the 2/4
complainant. There are no criminal antecedents reported against the applicant. The investigation is complete. The charge-sheet has been filed. The applicant is in custody for more than three years. The trial is likely to take a long time to conclude. In the facts and circumstances of the present case, the applicant can be enlarged on bail. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant-Riyaz Amin Inamdar in connection with C.R. No.1036 of 2020 registered with Chakan Police Station, Pune shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more sureties in the like amount.
(c) The applicant shall attend the Investigating Officer of Chakan Police Station, Pune once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. 3/4
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
5.
The application is disposed of.
(M. S. KARNIK, J.) 4/4