Mukesh Dhanraj Akodiya v. State Of Maharashtra And ANR
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2108 OF 2023 VAIBHAV RAMESH JADHAV Mukesh Dhanraj Akodiya ... Applicant V/s.
The State of Maharashtra & Anr.
... Respondents VAIBHAV RAMESH JADHAV Date: 2023.07.27 18:28:53 +0530 Mr. Prasad Avhad i/by Mr. Chetan Nagare for the applicant.
Mr. P. H. Gaikwad, APP for the respondent/State. Mr. A. V. Kamble, H.C., Saswad Police Station, Pune is present.
CORAM :AMIT BORKAR, J.
DATED :JULY 27, 2023 P.C.:
1.
Apprehending arrest in connection with C.R. No.75 of 2023 registered with Saswad Police Station, Taluka Purandar, District Pune for offences punishable under sections 427, 411 read with section 34 of the Indian Penal Code, 1860 and section 136 of the Electricity Act, 2003, the applicant is seeking relief under section 438 of the Criminal Procedure Code, 1973.
2.
According to the prosecution, a report was lodged by an employee of Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) on 3rd February 2023 alleging theft of 15 kg copper wire worth Rs.15,000/- and wasting of oil worth Rs.26,550/- by
damaging the electric D.P. installed in the field of Vithu Kumbharkarar, Gat No.383, Vanpuri, Taluka Purandar, District Pune.
3.
Role attributed to the applicant is of purchase of copper wire from the co-accused.
4.
The applicant applied before the learned Sessions Judge under section 438 of the Criminal Procedure Code, 1973, which came to be rejected by order dated 2nd May 2023. 5.
On perusal of the report and case papers, it appears that the incident is recorded in CCTV. The co-accused has sold copper wire to the applicant.
6.
Learned APP pointed out the antecedents of the applicant. The antecedents of the applicant are of same nature. It appears that similar six offences are registered against the applicant in the year 2022 and similar eight offences are registered against the applicant in the year 2023. The chart of similar offences is as under:
Sr.
No Police Station C.R. No.
Date of incident and Place Goods Stolen Number of D.P.
1.Jejuri 256/2022 26 & 27 July 2022, Kantibapu and Madanwadi Gulunche 200 kg.
2.Jejuri 316/2022 Pargaon Memane 180 kg.
3.Jejuri 322/2022 08 & 09 September 2022, Pimpre Khurd, Chambharaki & Dagadaki Nira 200 kg.
4.Jejuri 04/2023 26 & 27 December 2023, Near Gulunche 100 kg.
School 5.Jejuri 20/2023 10 January 2023, Karnalwadi 100 kg.
6.Jejuri 22/2023 06 January 2023, Belsar 100 kg.
7.Jejuri 40/2023 Chorpati, Mavadi Kap, Seamless Co. Jejuri 600 kg.
8.Jejuri 42/2023 Gulunche and Karnalwadi 163 kg.
9.Saswad264/2022 28 June 2022, Chambli 90 kg.
10.Saswad75/2023 01 February 2023, Garade 15 kg.
11.Rajgad 08/2022 08 January 2022 Khed 88 kg. 12.Rajgad 69/2023 19 February 2023, Sangamner 60 kg.
13.Velha 11/2022 14 February 2022, Aambavane and Barerale 30 kg.
14.Velha 05/2023 18 January 2023, Fanase 20 kg.
7.
In view of the role attributed by the co-accused to the applicant of purchasing the stolen goods, custodial interrogation of the applicant is necessary to unearth racket of purchase of government property and utilizing it for commercial purpose. Hence, the applicant has failed to record prima facie case. 8.
The anticipatory bail application is, therefore, rejected. (AMIT BORKAR, J.)