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Bombay High CourtBA/1118/2022disposed off

Shaitansingh Motisingh Rajput v. The State Of Maharashtra

2023-02-15Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1118 OF 2022 Shaitansingh Motisingh Rajput ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Adv. Sheeba N. Khan a/w Adv. Nizamuddin Khan a/w Shaba N. Khan a/w Adv. Arshad Qureshi for the Applicant. Mr. S. H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 15, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail by the applicantShaitansingh Motisingh Rajput, in connection with C.R. No.911 of 2021 dated 19/07/2021, registered with Andheri Police Station, under sections 379, 397, 120-B and 34 of the Indian Penal Code, 1860.

3.

The applicant was carrying a bag containing around 77 gold bangles to be delivered from Dahisar to Zaveri Bazar. One of the accused ran away with the bag. He was chased, but he succeeded in fleeing away from the scene. So far as 1/3

the present applicant is concerned, on the confessional statement of the co-accused, the applicant was arrested as a person who has purchased stolen property.

4.

The applicant is from Rajasthan. Apart from the statement of the co-accused there is nothing incriminating against the applicant. Nothing has been recovered from the applicant. The applicant was arrested on 04/08/2021 and in custody for more than 1 year and 5 months with the possibility of the trial concluding anytime soon appears remote. The investigation is complete and the charge-sheet has been filed. It is pointed out that there are criminal antecedents against the applicant. There is one C.R. of a similar nature registered in the year 2017. However, considering the nature of the accusations in the present case and the materials disclosed in the charge-sheet, the applicant can be released on bail. Hence, the following order.

ORDER

(a) Applicant- Shaitansingh Motisingh Rajput, in connection with C.R. No.911 of 2021, registered with Andheri Police Station, shall be released on bail, on his furnishing P.R. Bond of Rs.25,000/- 2/3

with one or more sureties in the like amount; (b) 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;

(c) The applicant shall report to the concerned police station once a month i.e. on first Monday between 11.00 a.m. and 1.00 p.m;

(d) 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.) 3/3