Surendrasingh Ajitsingh Negi v. The State Of Maharashtra

27 BA 1212-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1212 OF 2020 Mr. Surendrasingh Ajitsingh Negi ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Sachin R. Pawar, for the Applicant.

Mrs. M. R. Tidke, APP for the Respondent - State. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

19th MARCH, 2021 PC :

.

This is an application for bail in C.R.No. I-415/2019 registered with Khadakpada Police Station, Kalyan, Dist. Thane, for offence punishable under Section 392 read with 34 of Indian Penal code. The applicant was arrested on 24th December 2019. 2.

The case of the prosecution, is that on 10th December 2019 at about 7.30 p.m., the informant was walking and at that time, two wheeler came from the opposite direction and the pillion rider forcibly snatched the gold mangalsutra of the complainant worth Manish S. Thatte Manish S. Thatte Date: 2021.03.22 11:35:55 +0530 Rs.46,500/-. The F.I.R. was registered against the unknown person. The applicant was taken into custody. On completing investigation, chargesheet is filed.

Manjusha

27 BA 1212-2020.odt 3.

Learned Counsel for the applicant submitted that there is no evidence against the applicant. There is no Test Identification Parade. There is no recovery of gold ornaments from the applicant. 4.

The co-accused Manish Ramraj Vishwakarma from whom there was recovery of ornament has been granted bail by the Sessions Court vide order dated 4th December 2020. The applicant was not identified. No recovery from the applicant. Hence, case for grant of bail is made out.

5.

Hence, the following order.

O R D E R

(i) Bail Application No.1212 of 2020, is allowed. (ii) The applicant is directed to be released on bail in C.R.No. I-415/2019 registered with Khadakpada Police Station, Kalyan, Dist. Thane, on executing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall report the concerned Police Station once in three months on 1st Saturday of month between 11.00 a.m. to 01.00 p.m. till further order;

(iv) Bail Application No.1212 of 2020 stands disposed of accordingly.

(PRAKASH D. NAIK, J.) Manjusha