Vikas Shantaram Mohan v. The State Of Maharashtra

vina k. 1/2 sr.8.ba.1680.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1680 OF 2016 Vikas Shantaram Mohan ... Applicant permanently residing at Sagar Kutir Sangh, Behind Hanuman Mnadir, Seven Bunglow, versova-Andheri-WestMumbai-61.

V/s.

The State of Maharashtra ... Respondent ...

Mr. Himanshu S. Shinde for the applicant.

Mrs. P. P. Shinde, APP for the State.

...

CORAM : SMT. SADHANA S. JADHAV, J.

DATE : 10th FEBRUARY, 2017.

P.C. :

.

Heard. This is an application wherein the applicant is arrested on 27th December, 2015 in Crime No.567 of 2015 registered at Oshiwara Police Station. The Investigation is completed and chargesheet is filed. It is the case of the prosecution that on 17th December, 2015 one Ramsagar Ramcharan Gupta lodged a report at the Police Station that on that day he was informed by his niece that her father has been looted by some unknown persons. He was stated to be taken to Sidharth Hospital as he has sustained stab injury. The injured was then referred to Nair Hospital. Since it was Medico-legal case the statement of injured was recorded. He has disclosed that he was passing on the road when three persons asked the location of Oshiwara Depot and when he had halted to help them, he was stabbed and robbed for Rs.300/- . In the course of investigation, the police has suspected involvement of the

vina k. 2/2 sr.8.ba.1680.2016.doc present applicant and had arrested him on 27th December, 2015. There is memorandum under Section 27 of the Indian Evidence Act and on the basis of the said memorandum there was recovery of knife which was allegedly used to stab the victim. The test identification parade was conducted. It is pertinent note that the applicant has not been identified in the test identification parade and the investigation is completed and the chargesheet filed on 4th April 2016.

2.

Taking into consideration the material collected in the course of investigation, this court is of the opinion that the applicant deserves to be enlarge on bail. The observations have prima facie in nature and there are not been taken into consideration for the purpose of quashing of First Information Report, discharge application at the time of trial.

ORDER

(i) The application is allowed.

(ii) The applicant be enlarged on bail on furnishing P.R. Bond in a sum of Rs.15,000/- with one or more solvent surety for the like amount. (iii) The applicant shall report to Oshiwara Police Station on every Sunday between 10.30 a.m. to 1.00 pm till framing of charge. The application stands disposed of.

(SMT. SADHANA S. JADHAV, J.)