Anil Namdeo Satpute v. The State Of Maharashtra
2023:BHC-AS:24881
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1510 OF 2023 ANIL NAMDEO SATPUTE ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Shailesh S. Kharat for the Applicant.
Mr. P. H. Gaikwad, APP for the State.
PSI Suryakant Sapkale, Alankar Police Station, Pune. ------------ CORAM : M. S. KARNIK, J.
DATE : AUGUST 30, 2023.
P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for bail in respect of the offence punishable under Sections 394, 397 read with 34 of the Indian Penal Code registered vide C.R. No.80 of 2022 with Alankar Police Station, Pune. The First Information Report is dated 21/06/2022. The applicant was arrested on 01/07/2022.
3.
The date of the alleged incident is 21/06/2022. The accusations are that two accused persons one of which was 1/4
the applicant, pushed the complainant from behind as a result of which the complainant became unconscious. The accused snatched 2 gold chains. On the basis of the CCTV footage, it was realised that the applicant was near the spot of the incident. It is on 01/07/2022 the applicant was apprehended and 2 gold chains were recovered from him. There is no TI parade conducted.
4.
Learned APP while opposing the application, pointed out that there are several antecedents reported against the present applicant in respect of a similar kind of offence. The antecedents are from the year 2004 to 2006 and according to the learned counsel for the applicant, the applicant has been acquitted in several of them. Learned APP states that there was an externment proceeding initiated against the applicant way back in the year 2011.
5.
The investigation is complete and the charge-sheet has been filed. Though there is a recovery and there are criminal antecedents from the year 2004 to 2006, it can not be the ground to reject the facility of bail to the applicant, as I intend to impose stringent conditions while granting 2/4
bail to the applicant. Considering that the applicant has been in custody for more than 1 year and as the trial will take a long time to conclude, in the facts and circumstances of the present case, the applicant can be enlarged on bail. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Anil Namdeo Satpute in connection with C.R. No. 80 of 2022 registered with Alankar Police Station shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more local sureties in the like amount.
(c) The applicant shall not enter Pune city till the conclusion of trial, except for the purpose of attending the Investigating Officer and trial Court on the dates fixed.
(d) The applicant shall furnish his contact number and residential address to the Investigating Officer while residing outside Pune city and shall keep him updated, in case there is any change.
(e) The applicant shall attend the Investigating Officer of the Alankar Police Station once in a month every first Monday of the month between 11.00 a.m. 3/4
and 1.00 p.m.
(f) While residing outside of Pune city, the applicant shall report to the police station nearest to his residence, once in a week, every Friday, between 03.00 p.m. and 5.00 p.m.
(g) 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.
6.
The application is disposed of.
(M. S. KARNIK, J.) 4/4