Bhavesh @ Bhau Bhagwan Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 492 OF 2021 Bhavesh @ Bhau Bhagwan Pawar ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Ashok Saraogi, for the Applicant.

Ms. Veera Shinde, APP for the Respondent - State. .....

CORAM

: PRAKASH D. NAIK, J.

DATE : 09th MARCH, 2021 PC :

.

This is an application for anticipatory bail in connection with C.R.No.I-41/2020 registered with Wada Police Station, Palghar for offences under Sections 341, 365, 395, 398 read with 120-B of Indian Penal Code and Sections 3 and 25 of Arms Act. 2.

The F.I.R was lodged on the basis of complaint filed by one Deepak Prasad Singh. He was driving trailer loaded with steel rods. At about 11.30 p.m., when the complainant reached Kopri Village near Murli Manohar Hotel, one car followed his vehicle. He was Digitally signed by RajeP. Aher Date:

2021.03.11 15:13:59 +0530 obstructed. Five persons alighted from the car. They pointed pistol RajeP.

Aher and vehicle with steel rods was taken away. Subsequently, with the use of JCB, the stolen articles were concealed in a pit dugged up.

During the course of investigation, the robbed material was recovered.

3.

The role assigned to the applicant is that, he was driver of accused Prathamesh A. Patil. It also appears that the applicant is a JCB driver and allegedly involved in the process of concealing stolen articles.

4.

The applicant has not participated in robbery. He was not amongst the persons who chased the trailer. The co-accused Amey Bhati, who was allegedly involved in the offence, has been granted anticipatory bail by this Court vide Order dated 17th August 2020. 5.

Considering these circumstances, the applicant need not be subjected to custody.

6.

Hence, the following order.

O R D E R

(i) Anticipatory Bail Application No.492 of 2021 is allowed;

(ii) In the event of the arrest in connection with C.R.No.I-41/2020 registered with Wada Police Station, Palghar, the applicant is directed to be released on bail on furnishing P.R. bond in the

sum of Rs. 25,000/- with one or more sureties in the like amount;

(iii) The applicant shall appear before the investigating officer on 17th, 18th and 19th March 2021 between 11.00 am. to 01.00 pm. and thereafter, as and when called till filing of the chargesheet;

(iv) Bail Application stands disposed of accordingly. 7.

Secretary/Personal Assistant of this Court. All concerned will act on (PRAKASH D. NAIK, J.)