Rajendra Sitaram Patil And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1012 OF 2016 Rajendra Sitaram Patil and Ors.

..Applicants.

V/s.

State of Maharashtra ..Respondent.

Mr.Ranjeet H. Patil for the applicants.

Mrs.Veera Shinde, APP for respondent-State.

CORAM : A.M.BADAR, J.

DATED : 23RD JUNE, 2016 P.C. :- 1.

Applicants / accused in Crime No.80/2016 for offences punishable under section 395, 427, 504, 506 of the Indian Penal Code and under section 3(25) of the Arms Act registered with Tasgaon Police Station, District Sangli by this applications are praying for releasing them on bail. 2.

Heard the learned counsel for applicants. He argued that the report of the incident dated 16th April, 2016 was lodged on 17th April, 2016. The informant is not aware about the incident at Shetkari Dhaba and his version is 1/3

hearsay. Neither the owner of the Shetkari Dhaba has lodged any complaint nor of the alleged incident at Shetkari Dhaba any report is lodged with the police. Therefore, according to the learned counsel for applicants, applicants are entitled for bail.

3.

The learned APP opposed the application by stating that investigation is still in progress and the offence is serious. 4.

Perused the papers of investigation. It is seen from the papers of investigation that on 16th April, 2016, the present applicants had been to the place known as Shetkari Dhaba, which is a permit room. After having liquor in that Dhaba, they indulged in ransacking the eatery and thereafter robbed an amount of Rs.6,200/- from the cash counter of that eatery. In that process, they had assaulted Venktrao Mane. The amount was robbed by pointing pistol after ransacking the Dhaba. In the evening, as seen from the F.I.R. applicants indulged in ransacking another hotel after consuming liquor at the said hotel. They assaulted two other customers Atish and Shubam. Thereafter, they looted amount of Rs.9,500/- from the cash counter. In this dacoity a pistol was pointed out to 2/3

the informant when the informant / owner demanded payment of charges for food and liquor. Injury certificates of Venkatrao Mane and Shubam show that they had suffered injuries in the incident. Considering the nature of accusations, at this stage, applicants are not entitled to bail. Hence the application is rejected.

(A.M.BADAR, J.) 3/3