Rohan Mojes Salvi v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.960 OF 2018 WITH APPP NO.1178 OF 2018 Rohan Mojes Salvi ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Aniket Nikam I/b Aashish Satpute, for Applicant. Mr. S.S. Hulke, APP for State.

----- CORAM : A.S.GADKARI, J.

DATE : 6th December 2018.

P.C.:

1] This is an application under 438 of Cr. P.C for pre-arrest bal in CR No. 264 of 2018 dated 26.3.2018 registered with Wakad Police Station, Pune under sections 395, 323, 427 read with 34 of the Indian Penal Code, sections 37(1)(3) read with 135 of Maharashtra Police Act and section 4 read with 25 of Arms Act.

2] Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation.

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3] The first information report is lodged by Mr. Chetan Vitkar. The prosecution case in brief is that, due to earlier enmity, the applicant along with other accused persons came at the house of the first informant at about 1.30 a.m. on 25.3.2018 and initially indulged into a quarrel. When the first informant and his mother and other members of his family came out of the house to see what has happened, the applicant and co-accused abused the first informant and his family members in filthy language and the applicant thereafter questioned the informant as to where his brother "Kiran" is. At that time, the co-accused Akash Tiwari and Santosh Adsule forcibly snatched a chain of gold metal from the person of the informant. The applicant was armed with sickle and caused damage to the glass of four-wheeler vehicle parked therein.

That applicant and co-accused thereafter hurled stones at the direction of the informant and his family members. It is stated that, due to the said reign of terror created by the applicant and co-accused, nobody in the vicinity defended them. 4] The learned counsel for the applicant submitted that, the applicant only accompanied the said Akash Tiwari and no overt-act of robbery is attributed to him and therefore the applicant may be protected by pre-arrest bail.

lodged a crime bearing No.266 of 2018 under section 354 and other related sections of the Indian Penal Code against the informant, his brother Kiran and other accused person. He therefore prayed that, the applicant may be protected by pre-arrest bail.

5] Perusal of the first information report would indicate that, the applicant along with co-accused went to the house of the informant at about 1.30 a.m on 26.3.2018 in search of Kiran Vitkar and as Kiran was not available, accused damaged the public property and also hurled stones at the family members of the informant. In the said incident, it is alleged that, the applicant with co-accused Akash Tiwari snatched the chain of gold metal from the person of the informant. The record further indicates that, the applicant along with other accused person created reign of terror in the said locality in the wee hours of 26.3.2018.

6] As far as the lodgment of crime by the sister of the applicant is concerned, it is to be noted here that, the said crime is registered against Kiran Vitkar and his friends under section 354 of Indian Penal Code. A bare perusal of the first information report would indicate that, the present crime in question has taken place on 26.3.2018 at 1.30 a.m and is registered immediately on 26.3.2018 at about 13.58 (1.58 p.m.). It is 3/5

apparent from the first information report that, the applicant along with coaccused went to the house of the informant and abused his family in filthy language and thereafter caused damage to the public property. The applicant thereafter hurled stones at the family members of the informant. The applicant is the conspirator in commission of act of robbery of ornament in question and it is yet to be recovered by the police. The applicant along with co-accused had created reign of terror in the locality and the family members of the informant and residents of the vicinity were under fear due to which nobody came forward to help the informant and his family members.

7] As far as the registration of crime by the sister of the applicant is concerned, the same is subsequent in point of time and it appears that the same is lodged by way of an afterthought. 8] In view of the above and after taking into consideration the allegation against the applicants which are serious in nature and the gravity of the offence, and the fact that, chan snatched from the person of informant is yet to be recovered by the police, this Court is of the considered view that, the applicant does not deserve to be protected by prearrest bail. 4/5

Application is accordingly rejected.

9] In view of Order passed in A.B.A. No. 960 of 2018, Criminal Application No.1178 of 2018 does not survive and the said is accordingly disposed off.

(A.S.GADKARI, J.) 5/5