Sunil Ramdev Chaurasiya v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1025 OF 2019 Sunil Ramdev Chaurasiya ... Applicant Vs The State of Maharashtra ... Respondents ...
Mr. Deepak Gautam for the Applicant.
Mrs. J.S.Lohakare , APP for the Respondent-State. Mr. Umesh Waratha attached to Tulinj Police Station present.
CORAM : SANDEEP K. SHINDE J.
DATE : 12 th FEBRUARY, 2020 P.C. :
The applicant is seeking his enlargement on bail in connection with Crime No.I-1087 of 2018 registered with Tulinj Police Station for the ofences punishable under Sections 379, 413 read with Section 34 of the Indian Penal Code, 1860.
On 27th October, 2018, the applicant was apprehended by a patrolling duty ofcer having found and noticed that the movements of the applicant were Shivgan 1/5
suspicious while the applicant was moving in Swift car. The said car was searched wherein twelve car number plates of diferent numbers were found and when questioned, applicant could not give satisfactory answers. Incidentally, in this crime, complainant had reported theft of his Hyundai Creta Car.
The learned counsel for the applicant submitted that since October, 2018, applicant is in custody and the charge-sheet has been fled. Additionally, he submitted that car number plates allegedly found and seized from this car has no connection with the subject crime. It is further submitted that the applicant has permanent roots in the society and would always be available for trial. He, therefore, seeks applicant's release on bail. The learned APP has opposed this application and placed on record criminal antecedents as well as relied on the afdavit fled by the Investigating Ofcer. Prima-facie, it cannot be overlooked that the applicant Shivgan 2/5
was involved in the crime of similar nature . Additionally, prosecution has placed on record a chart disclosing particulars of six crimes registered against the applicant under Section 379 of the IPC, i.e., theft of cars. It is submitted, number plates, which were found in the car of the applicant when he was apprehended were similar number plates related to the ofences registered against the applicant as specifed and described in the charge-sheet. Therefore, it is submitted that since the applicant has propensity to commit ofences of similar nature, he may not be released on bail.
It is true that the applicant has criminal antecedents and had allegedly indulged into the ofences of similar nature in the past. However, fact cannot be ignored that the applicant has been released on bail in those crimes by the Courts of competent jurisdiction and those orders are in force. That though the number plates allegedly recovered had some Shivgan 3/5
connection or relating to the ofences earlier registered against the applicant, that itself cannot be ground to deny bail to the applicant since there is no incriminating material to connect applicant in present crimes. Prosecution is always at liberty to take appropriate steps if aggrieved by the bail orders passed in favour of the applicant in the earlier crimes registered against him.
In view of the facts of the case and that since investigation is over and trial is not likely to commence or conclude in near future, application is allowed. Hence, following order:
ORDER
(i) The applicant be enlarged on bail in Crime No.I-1087 of 2018 registered with Tulinj police station, on executing PR Bond in the sum of Rs. 50,000/- with one or two sureties in the like amount;
(ii) The applicant shall report to the Investigating Ofcer of the concerned Police Station twice a month on 2nd and 4th Monday of every month between 11:00 a.m. to 2:00 p.m, commencing from March, 2020 till the charge is framed; (iii) The applicant shall not tamper with the evidence or Shivgan 4/5
attempt to infuence or contact the complainant, witnesses or any person concerned with the case;
The application is accordingly disposed of.
It is made clear that observations made hereinabove be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way infuence the trial in other proceedings.
(SANDEEP K. SHINDE, J.) Shivgan 5/5