← Library
Bombay High CourtABA/2564/2019disposed off

Sohansing Rupsing Rajput v. The State Of Maharashtra

2021-08-07Hon'Ble Shri Justice M. S. Karnik3 pages

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2564 OF 2019 Sohansing Rupsing Rajput .. Applicant vs.

The State of Maharashtra .. Respondent -------------- Ms. Samruddhi Ghadigaonkar h/f. Sachin B. Chandan for the applicant.

Smt. P.N. Dabholkar, APP for the State.

PSI K.D. Sonawane, Crime Unit I, Thane i/b. Retired PSI Ashok Mane. -------------- CORAM : M.S.KARNIK, J.

DATE : AUGUST 7, 2021 P.C.

Heard learned counsel for the applicant.

2.

This is an application for pre-arrest bail in respect of the offence punishable under Section 379t read with Section 34c of the Indian Penal Code registered with Khadakpada Police Station in Cr.No.I-325/201t.

3.

The case of the prosecution is that on 21/t/201t, when the complainant was on duty from 79 p.m. to 79 a.m., he heard some noise from the Northern side of the company and therefore, he went there to fnd out what the noise was. He found that one security person from the complainant company was standing there

and in front of him some of the persons loading scrap in the tempo. All of them fed away on noticing the complainant. The accused had loaded aluminum seats, copper and steel of 7900 kilos worth of Rs.t,800/-.

4c.

During the course of the investigation, the accused were arrested on 21/t/201t. On the basis of the statement made by one of the co-accused, it was revealed that the applicant was a recipient of the stolen property.

5.

By an interim order dated 25/11/201t the applicant was granted interim protection.

6.

The Investigating Ofcer is present in the Court. Learned APP submits that the entire stolen property is recovered from other accused. The applicant had co-operated with the investigation pursuant to the order passed by this Court. There is no recovery at the instance of the applicant. The entire property was recovered at the instance of other accused. The crime is registered against the applicant on the basis of the statement of the co-accused. The charge-sheet has been fled against other accused. In view of the facts stated hereinabove, the following order is passed :

ORDER

(I) In the event of the arrest of the applicant in Crime No.I325/201t registered with Khadakpada Police Station, Kalyan for the offences punishable under Section 379t read with Section 34c of the

Indian Penal Code, he is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount.

(II) The applicant shall attend the Police Station concerned as and when called by the Investigating Ofcer.

(III) The applicant shall furnish the particulars of his latest residence address and mobile contact number and/or change of residence or mobile details, if any, to the Investigating Ofcer of the Police Station concerned within seven days from today; (IV) The applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case.

(V) Interim order dated 25/11/201t passed by this is confrmed. (VI) The anticipatory bail application is disposed of. (M.S.KARNIK, J.) Digitally signed by DIKSHA DINESH RANE Date:

2021.08.07 16:28:01 +0530 DIKSHA DINESH RANE