Sagar Sharwan Ransore And Another v. The State Of Maharashtra

2025:BHC-AUG:4797 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.74 OF 2025

1. Mr. Sagar Sharnam Ransore Age: 24 years, Occu.: Labour, R/o.Dhayari Phata, Naraya Bldg.

Flat No.4, Pune.

2. Mr. Manoj Rajendra Khandekar Age: 25 years, Occ.: Nil, R/o. At Polst Junewadi, Tq. Karad, Dist. Satara ... Applicants

Versus

State of Maharashtra (P.I. Chopda Rural Police Station) ... Respondent ......

Ms. Pooja Agrawal, Advocate for Applicants (through V.C.) Mr. V.M. Jaware, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 18 FEBRUARY 2025 PRONOUNCED ON : 20 FEBRUARY 2025 PER COURT :- 1.

This is regular bail application at the instance of applicants on account of their arrest in Crime No.0174 of 2024, registered at Chopda Rural Police Station, District Jalgaon for offences under Sections 3/25, 7/25, 4/25 of the Arms Act and Sections 37(1)(3), 135 of the Maharashtra Police Act.

{2} 2.

Learned counsel for applicants would submit that applicants are arrested in above crime on 20.09.2024, and since then they are behind the bars. That, police constable, who lodged report claims that, secrete information was received and on the basis of the same, a raid was conducted on road going to Lasur. It is further alleged that a motorcycle was intercepted and persons, who was riding it, allegedly given their names as Sagar Sharnam Ransore and Manoj Rajendra Khandekar, and it is alleged that in their body search, they were found in possession countrymade pistols and live cartridges, and on report to that extent, above crime has been registered. Learned counsel further pointed out that, in fact, going by the alleged nature of weapon as country made, offence under Section 7/25 of the Arms Act could not be attracted.

At the most of offence under Section 3/25 of the Arms Act, could be made out, and further, even if, applicants are convicted for the same, the maximum sentence provided for such offence is five years. That, applicants are behind the bars since long. That, nothing further is shown to be recovered or discovered at their instance, learned counsel seeks enlargement on bail.

{3} 3.

While opposing the bail application, learned APP submitted that, both applicants were apprehended while they were in possession of arms. He pointed out that has many as seven pistols and live cartridges were found in their possession. He further submitted that, applicants also have criminal antecedents, and so according to him, there is every possibility of misuse of liberty, and further indulging in similar offence. On both counts, learned APP seeks rejection of application. 4.

Heard. Perused the FIR. As submitted above, report is lodged by police head constable, who narrated that, on receipt of secrete information, police party intercepted motorcycle bearing No.MH-14/LQ-4932 and inquiry was made. The rider and pillion rider gave their names as Sagar and Manoj i.e. present applicants. It is further reported that, in body search, they were in possession of arms in a bag. Hence, the above report. Therefore, arms are already seized on the very day of the report. Applicants are said to be behind the bars since 20.09.2024. Learned APP has pointed that applicants have history-sheeter, and he also apprehends misuse of liberty. Such apprehension can be taken care by imposing appropriate conditions. Charge-sheet is already shown to be filed in

{4} November 2024 itself, and when there is no plausible explanation for further continuing detention, and when nothing is shown to be further recovered or discovered at their instance, and also taking into account the fact that there are no immediate prospects of matter going for trial, applicants succeed. Hence, the following order.

ORDER

(i) The application is allowed.

(ii) Applicants Sagar Sharnam Ransore and Manoj Rajendra Khandekar be released on bail in connection with Crime No.174 of 2024 registered at Chopda Police Station, District Jalgaon, on executing Personal Bond of Rs. 15,000/- each with one surety each in the like amount on following conditions:

(a) Applicants shall not leave the jurisdiction of Chopda Rural Police Station, District Jalgaon without prior permission of the Court.

(b) The applicants shall attend each and every effective date before the trial court.

(b) Applicants shall not indulge in similar offences. (iii) The applicant shall not tamper prosecution evidence. ABHAY S. WAGHWASE, JUDGE S P Rane