Sagar Ratan Bhosle v. State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 699 OF 2022 Sagar Ratan Bhosle ...Applicant
Versus
State Of Maharashtra
...Respondent
....
Mr. Anandmaya Dhonde i/by Narayan Rokade, Advocate for the Applicant.
Mr. A. A. Palkar, APP for the Respondent - State. ....
by DNYANESHWAR ASHOK ETHAPE Date: 2022.10.06 11:26:40 +0530 DNYANESHWAR ASHOK ETHAPE CORAM : PRAKASH D. NAIK, J.
DATE : 3rd OCTOBER, 2022 PC :
1.
This is an application for bail in C.R. No. 378 of 2021 registered with Yeola Taluka Police Station for ofence punishable under Sections 394, 397, 411, 413, 457 read with 34 of the Indian Penal Code (for short "IPC"). The applicant was arrested on 06.08.2021.
2.
The case of the prosecution is that the victim is senior citizen. She is residing alone in her farmhouse at village Deothan, District Nashik. On 06.06.2021 in the wee-hours, the complainant found that some unknown persons had entered into the house. The lights were put of. One of them
2 32-BA-699-2022.doc has lit a torch on her eyes, and other person inficted blow of weapon on her head. She sufered injury. They opened the cupboard and took away ear ring and other ornaments. They also took away cash of Rs.2,000/- During the course of investigation, the applicant and other accused were arrested. On completing investigation charge-sheet is fled. 3.
With the assistance of learned APP I have perused the documents on record. It is evident that three persons were arrested including the applicant. During the course of investigation, there is recovery of cash of Rs.1370/- from the applicant and weapon Katavani. It is apparent that the test identifcation parade was not conducted. Learned APP appointed that one more case registered against the applicant vide C.R. No. 455 of 2021 with Yeola Police Station for ofence punishable under Sections 457, 380 of the IPC. Pursuant to that the applicant is in custody in the present case.
4.
It is noted that the applicant is in custody for substantial period of time. There is recovery of cash as aforesaid. The order passed by learned Sessions Judge indicate that the Test Identifcation Parade was not conducted. In these circumstances, further detention of the applicant is not warranted.
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ORDER
(i) Criminal Bail Application No. 699 of 2022 is allowed and disposed of;
(ii) The applicant is directed to be released on bail in connection with C.R. No. 378 of 2021 registered with Yeola Taluka, Nashik Police Station on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(iii) The applicant shall report concerned Police Station once in a month on frst Saturday of the month between 11:00 a.m. to 1:00 p.m. till further order;
(iv) The applicant is permitted to furnish provisional cash bail security in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety.
(v) The applicant shall not tamper with the evidence. (PRAKASH D. NAIK, J.)