Sunil @ Durya Bhairu Shinde v. The State Of Maharashtra

1/2 BA.1623-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1623 OF 2017 Sunil @ Durya Bhairu Shinde ..Applicant.

Vs.

The State of Maharashtra ..Respondent ----- Mr. Amit Munde for applicant.

Mr. S.V. Gavand, APP for State.

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

DATE : 6th September 2017.

P.C.

1] This is an application under Section 439 of Cr. P.C. for bail in CR No.117 of 2016 dated 22.04.2016 registered with Daund Police Station, District-Pune under Sections 396 and 397 of the Indian Penal Code and now culminated into Sessions Case No.180 of 2016 pending on the file of the Additional Sessions Judge, Baramati,District-Pune. 2] It is the case of the prosecution that, on 14.3.2016 at about 2.00 a.m the applicant along with other six co-accused person committed dacoity at the residence of Smt. Rekha Anil Barvakar and Shri Anil B. Baravkar. While committing the said crime, applicant with other accused

2/2 BA.1623-2017 persons committed murder of Shri Anil Barvkar and therefore Section 396 of the Indian Penal Code is applied to the present crime. After completion of investigation, police have submitted chargesheet. 3] The record clearly indicates that there is recovery of iron-rod at the instance of the applicant which was used in the present crime. The ornaments which were robbed from the deceased person are recovered from the co-accused. Learned APP submitted that in conspiracy with other co-accused persons, the applicant committed the said dacoity coupled with murder.

4] After taking into consideration the material available on record with serious allegations against the applicant and the gravity of offence, this Court is of the view that the applicant does not deserve to be released on bail.

Application is accordingly dismissed.

(A.S. GADKARI,J.)