Ravi @ Vakilya Shevryappa Pawar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 365 OF 2023 RAVI @ VAKILYA SHEVRYAPPA PAWAR ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Vinod S. Chate a/w. Adv. Kalpana V. Chate a/w. Adv. Sumit Nimbalkar i/b. Chate & Associates for the Applicant. Mr. N. B. Patil, APP for the State.
API Nilesh Naru, IO.
HC 836 Gavade, Karkamb Police Station.
------------ CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 26, 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 Section 395 of the Indian Penal Code (hereafter 'IPC' for short) read with Sections 4, 25 of the Indian Arms Act registered on 13/1/2022 vide C.R. No.13/2022 with Karkamb Police Station, Solapur. The applicant is the accused no.5.
3.
The applicant was arrested on 13/1/2022. The accused 1/4
no.6 is a woman who called up the complainant and offered to sell the gold at half market price. The complainant and his friends went to purchase the said gold from accused no.6. It is alleged that the accused are eight in number surrouned the complainant and at point of knife committed the dacoity by taking away the cash of Rs.53,000/- from the complainant and his friends and snatched the gold ring. The main accused no.1 has been enlarged on bail by this court by an order dated 20/10/2022 in Criminal Bail Application No.1790/2022.
4.
Learned APP opposed the application and submitted that there are as many as six criminal antecedents of a similar nature reported against the applicant. It is further submitted that so far as the accused no.1 Ratilal is concerned, this Court took into consideration the fact that he is 65 years of age and suffering from various ailments has granted bail.
5.
In the present matter, the applicant is incarcerated for more than one year and ten months with no possibility of the trial concluding any time soon. The applicant is stated to be 22 years of age. The main accused is enlarged on bail 2/4
not only on medical grounds. Considering the role of the present applicant, the applicant can be enlarged on bail. 6.
Having regard to the nature of the antecedents it would be necessary to impose stringent conditions upon the applicant. Learned APP, on instructions, submitted that considering the criminal history, it would be appropriate if the applicant resides outside Sangli and Solapur Districts. In the facts of the present case, I propose to accept this submission of learned APP. The investigation is complete. The charge-sheet has been filed. In my opinion, the applicant does not appear to be a flight risk. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Ravi @ Vakilya Shevryappa Pawar in connection with C.R. No.13/2022 with Karkamb Police Station, Solapur, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant shall attend the Investigating OfÏcer of Karkamb police station, Solapur, once in a month every first Sunday of the month between 11.00 a.m. and 1.00 p.m. 3/4
(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 OfÏcer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.
(f) Except for attending the trial and for the purpose of reporting to the Investigating OfÏcer, the applicant shall not enter the Sangli and Solapur Districts after being released on bail, till the trial concludes.
(g) The applicant shall attend the trial regularly. 7.
The application is disposed of.
(M. S. KARNIK, J.) 4/4