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Bombay High CourtABA/1860/2016anticipatory bail rejected

Sanjay Ramraj Jaiswal @ Gupta v. The State Of Maharashtra

2017-03-30Hon'Ble Shri Justice A.S. Gadkari2 pages

(15) ABA 1860-16 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1860 OF 2016 Sanjay Ramraj Jaiswal @ Gupta .. Applicants Vs.

The State of Maharashtra .. Respondent Mr. Kabul Singh Labana, for the Applicant.

Mr. R. M. Pethe, APP, for the State/Respondent. ASI Mr. P. G. Patil, Wada Police Station.

CORAM : A.S. GADKARI, J.

DATE : 30 th MARCH, 2017.

P. C. :

1.

The applicant is apprehending arrest in C. R. I-205 of 2016 dated 12.09.2016 registered with Wada Polie Station, District Palghar under Sections 407, 411 read with 34 of the Indian Penal Code. 2.

It is the case of the prosecution that the applicant is the owner of M/s. Prem Steel and is indulging into receiving the stolen property from other accused persons. The other accused in the present crime committed theft at Maramtara Engineering Pvt. Ltd. situated at Survey No. 48/53-58, Nagar Saravarti, MRDC, Boisar, District Palghar of iron goods and thereafter sold the same to the present applicant. When the goods of M/s. Maramtara Engineering Pvt. Ltd. were being offloaded at the establishment of the applicant in the wee hours on 11.09.2016, the police who were on patrolling duty having suspicious about the activities being carried out thereon apprehended the certain accused persons on the spot. 1/2

(15) ABA 1860-16 3.

It was revealed during the course of investigation that the applicant was purchaser of the said stolen goods. It is the specific allegation that the applicant, being owner of said M/s. Prem Steel of Kudus, Taluka Wada, District Palghar the person who was to receive the said stolen goods and the goods were being offloaded at his establishment. The record further reveals that there are criminal antecedents at the discredit of the applicant. It appears from the record of investigation that the applicant is a habitual offender. 4.

In view of the facts and circumstances of the present case, the applicant does not deserve to be released on pre-arrest bail. The application is, accordingly, rejected.

[A. S. GADKARI, J.] 2/2