Samadhan S/O Sukhdev More v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3696 OF 2021 Samadhan s/o. Sukhdev More ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr. Rajendra N. Chavan, for the Applicant.

Mr. A. R. Kapadnis, APP for the Respondent / State. ---- CORAM : C.V. BHADANG, J.

DATE : 21 FEBRUARY 2022 MAMTA AMAR KALE by MAMTA AMAR KALE Date:

2022.02.21 17:53:18 +0530 P.C.

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This is an Application for bail. The Applicant alongwith coaccused has been chargesheeted for the offence punishable under Section 394, 397, 341 and 120-B r/w. Section 34 of IPC, arising out of Crime No.280/2020 of Police Station Yeola Taluka, District Nashik.

2.

The informant is a goldsmith. On 1 October 2020, he had been to weekly market at Vikharni to sale the ornaments. When the informant was returning to Visapur, he claims that one motorcycle came from behind wherein three persons were riding the motorcycle Mamta Kale page 1 of 3

and asked him to stop and forcibly took away bag containing ornaments and cash of Rs.25,000/-. In this case, after investigation, the chargesheet is filed. The Applicant is Accused No.2. Accused No.5 Satish Shivaji Mali has been granted bail by this Court by order dated 16 November 2021 in Bail Application No.3135/2021. 3.

The learned counsel for the Applicant submitted that the case of the Applicant stands on a better footing than co-accused Satish Mali in as much as unlike the Accused Satish Mali, the present Applicant has not been identified in the Test Identification Parade. The recovery of the stolen property has already been made. The Applicant has no criminal antecedents to his discredit. 4.

In such circumstances, the following order is passed.

ORDER

(i) Applicant - Samadhan Sukhdev More shall be released on bail in Crime No.280/2020 of Police Station Yeola Taluka, District Nashik, on his executing a P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties, in the like amount.

(ii) The Applicant shall not tamper with the prosecution evidence and shall attend the trial regularly.

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(iii) Parties to act on copy of this order duly authenticated by the Sheristedar of this Court. (iv) The Criminal Application is allowed in the aforesaid terms.

C.V. BHADANG, J.

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