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Bombay High CourtAPPLN/158/2015disposed off

Bablu @ Amit Madhukar Gaikwad v. The State Of Maharashtra

2015-01-21Hon'Ble Shri Justice T.V. Nalawade3 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO.: 158 OF 2015 BABLU @ AMIT MADHUKAR GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA WITH APPLN/120/2015 KIRAN RAMU DHOTRE

VERSUS

THE STATE OF MAHARASHTRA WITH APPLN/159/2015 RAMPRASAD S/O RATNAKAR VADE

VERSUS

THE STATE OF MAHARASHTRA WITH APPLN/160/2015 SIKANDAR S/O DILAWAR SAYYAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Tambe Rahul A./ Mr. N. P. Dube, Advocate h/f Mr. Bhandari Anand P.

APP for Respondent: Mr. N. B. Patil.

***

CORAM:

T. V. NALAWADE, J.

DATED: 21st JANUARY, 2015.

PER COURT:

1.

All these applications are filed for bail. Both the sides are heard. This Court has perused the papers of

-:(2):- investigation.

2.

The crime is registered on the basis of report given by one Hussain. He is a businessman. He used to collect money in respect of his business and then return to Indore. Allegations are made that on 18th November, 2014, when he collected money and when he was having amount of Rs.2.74 Lakh and when he was present in front of Kishore Theatre, he saw an auto there. There was a man having dirty cloth on his person and the said man said that he was there to ply the rickshaw. Allegations are made that this man snatched the bag containing aforesaid amount. Allegations are made that this man boarded on motorcycle on which there was a rider already and they ran away with the cash. 3.

Prosecution intends to prove that applicant from second proceeding Ramprasad had given tip to the main person Ashok. He had snatched the bag. Prosecution wants to prove that the other accused had decided to snatch and take away the money and they had kept watch on the complainant. Allegations are made against Bablu that he had taken land from Ramprasad and this amount was given from the stolen money.

4.

Submissions made show that the applicants are

-:(3):- behind bars since 21st November, 2014 and 24th November, 2014. It appears that as yet even the T.I. Parade in respect of Ashok is not conducted.

5.

It appears that some money is recovered from these applications. Some money is not yet recovered. In view of nature of material collected against the applicants and the fact that they are behind bars for around two months, it is not desirable that the applicants are kept behind bars till disposal of the case. This Court has asked as to whether there are bad antecedents against the applicants but there is no such record. 6.

In the result, all the applications are allowed. The applicants are to be released on bail on each of them furnishing P.R. and S.B. of Rs.15,000/-. They are not to tamper with the prosecution witnesses. They are not to commit similar offence.

[T. V. NALAWADE, J.] Dt.21/01/2015 ans/158