Gurpreet Singh Kuldeep Singh v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2227 OF 2019 Gurpreet Singh Kuldeep Singh ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Raju D. Suryawanshi, Advocate for the Applicant. Mr. Y.M. Nakhawa, A.P.P. for the Respondent-State. CORAM : S. K. SHINDE, J.
DATE : 04 th NOVEMBER 2019.
P.C.
Heard learned counsel for the applicant and learned A.P.P. for Respondent - State.
Applicant came to be arrested on 29th December 2018 in Crime No. I-739 of 2018 registered with the Manpada Police Station, for the alleged offences punishable under Sections 392 read with Section 34 of the Indian Penal Code.
Complainant Rajput alleged that while riding motorcycle on 26th December 2018, he was accosted by two persons. It is his version that he was carrying Rs.1,10,000/- with him. It is alleged that one of those two persons managed to fell him down and another person santachad bag 1/4
containing of Rs.1,10,000/-. On second day of 27th December 2018 in supplementary statement he stated he was carrying of Rs.12,91,000/-. All (three) accused were arrested on 29th December 2018. In TI parade the first informant identified the present applicant. The charge-sheet has been filed. It appears on voluntary disclosure made by this applicant (accused no.3), Rs.4,81,000/- were recovered so also, Rs.3,41,000/- were from accused no.3 and Rs.3,20,000/- were recovered from accused no.1.
Learned A.P.P. submits that the applicant is involved in other two crimes of similar nature; but has been released on bail. Trial is not likely to commence in near future. Taking into consideration the facts of the case and that applicant has been released another two similar cases and I am inclined to grant this application.
The applicant is directed to released on bail on the following terms and conditions :
ORDER
(i) The applicant is directed to be enlarged on bail on executing 2/4
P.R. Bond in the sum of Rs.50,000/- with one or more sureties in the like amount;
(ii) The applicant shall attend the concerned Police Station on the first Saturday of every month between 10:00 a.m. to 11:00 a.m. till the conclusion of trial;
(iii) The applicant shall inform particulars of his residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (iv) The applicant to cooperate with the conduct of the trial and attend all the dates before the trial Court, unless exempted. (v) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(vi) The applicant shall file an undertaking with regard to clauses (ii) to (v) in the trial Court, within two weeks of his release; (vii) If there are two consecutive defaults either in attending the Police Station, or breach of any of the aforesaid conditions, the 3/4
prosecution shall be at liberty to seek cancellation of the applicant's bail.
The application is allowed in the aforesaid terms and is accordingly disposed of.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. All concerned to act on the authenticated copy of this order. (S. K. SHINDE, J.) 4/4