Rajesh Nagorao Mohite v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.465 OF 2019 Rajesh Nagorao Mohite ..Applicant V/s.
The State of Maharashtra .. Respondent ---- Mrs.Yogini Ugale for the Applicant.
Mr.R.M. Pethe, APP for the Respondent-State.
---- CORAM : A. S. GADKARI, J.
DATE : 18th SEPTEMBER 2019 P.C.
1.
This is a consecutive application for bail by the applicant.
2.
The earlier application No.2534 of 2017 preferred by the applicant for bail was dismissed as withdrawn by this Court, by granting liberty to the applicant to fle fresh application for bail before the Trial Court, if the trial arising out of CR No.128 of 2017 registered with APMC Police Station, Navi Mumbai, does not commence within a period of one year from 18th December 2017.
3.
The applicant accordingly availed the said remedy and preferred an application for bail below Exhibit-19 in Sessions Case No.337 of 2017 arising out of C.R. No.128 of 2017. The said application has been rejected by the learned N.S. Kamble page 1 of 3
Additional Sessions Judge, Thane by its order dated 18th January 2019.
4.
The prosecution case in nutshell is that on 28th April 2017 in between 6.45 a.m. to 11.30 a.m. at Warna Circle, Sector-24, Turbhe Nagar, Navi Mumbai, the applicant along with other accused and absconding accused abducted the informant and Shri.Mohan Savaji and they were forcibly taken into a Swift Car towards Supe, District-Ahemadnagar. The informant and witness were robbed of Rs.80 lakhs in the said car. When the car of the accused persons reached at Supe, the complainant and informant were thrown out of the car at Supe. The First Information Report is lodged by Mr.Rishikesh Dhashal, employee of the Shri.Mohan Savaji. 5.
The record indicates that during the course of the investigation a sum of Rs.3 lakhs has been recovered at the instance of the applicant by conducting panchnamma dated 12th May 2017 under Section 27 of the Evidence Act. The record further indicates that co-accused Ketan Jadhav, who is cousin of the accused is still absconding. The said Ketan Jadhav is an ordinary resident of Jalna. Record further indicates that other accused namely Deepak Kale and Hanumant Golhar are also absconding till date. 6.
Perusal of record further indicates that, the N.S. Kamble page 2 of 3
applicant had actively participated in the commission of the present crime. The ofence alleged against the applicant is undoubtedly serious in nature, as two persons were abducted from a fowing road in broad day light with a view to commit robbery, from Navi Mumbai and were taken to Supe which is approximately more than 100 km away. The prosecution has expressed an apprehension that, if the applicant is released on bail, he along with other absconding accused will threaten and pressurize witnesses in the present crime. I fnd substance in the apprehension expressed by the learned APP in that behalf.
7.
In view of the above, I am of the view that the applicant does not deserve to be released on bail. 8.
The application is accordingly dismissed.
9.
As the applicant is in jail since 01st May 2017, the learned Additional Sessions Judge, Thane seized of Sessions Case No.337 of 2017 is hereby requested to expedite the trial of the applicant.
(A.S. GADKARI, J.) N.S. Kamble page 3 of 3