Krushna Siddharam Jadhav v. State Of Maharashtra

Tikam 1/2 21- ABA 1232 of 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VAISHALI ANIL TIKAM ANTICIPATORY BAIL APPLICATION No. 1232 OF 2022 Krushna Siddharam Jadhav ...Applicant Vs.

State of Maharashtra

...Respondent

Digitally signed by VAISHALI ANIL TIKAM Date:

2022.06.07 19:55:22 +0530 * * * * Mr. Onkar A. Mane for Applicant Ms. M.R. Tidke, APP for the State/ Respondent Coram : Sandeep K. Shinde, J.

Dated: 7 th JUNE, 2022.

P.C. :

1.

Heard learned counsel appearing for the Applicant and the learned APP for the State.

2.

The primary evaluation of the Final Report filed in Crime No. 237/2020 registered with Chinchwad Police Station, Pune for the offences punishable under Sections 454, 457, 380, 411, 413 r/w. 34 of Indian Penal Code, conveys that Applicant is a receiver of the stolen property. Panchnama dated 4th October, 2020 suggests that gold ornaments worth of Rs.11,66,600/- were recovered from the house of the applicant at the instance of Accused No.1. Therefore, prima facie an offence under section 411 of IPC is made out by the prosecution. However, in view of the fact that the Applicant has no criminal an-

Tikam 2/2 21- ABA 1232 of 2022 tecedents, it cannot be said, that he was habitual receiver of stolen or dealing with the habitual stolen property.

3.

In that view of the matter, application is rejected. 4.

It is made clear that observations made here-in-above be construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings. (Sandeep K. Shinde, J.)