Bharat Dharmaraj Soni (Sonar) And Another v. The State Of Maharashtra

2024:BHC-AUG:11597 943-BA-592-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 592 OF 2024 1.

Bharat Dharmaraj Soni (Sonar), Age 21 years, Occu. Labour, R/o. Mohanayal, Dist. Kailali, Nepal (Nepal) 2.

Raju Kare Vishwakarma (Bk.) @ Chambharkami, Age 36 years, Occu. Labour, R/9o. Sadepani, Tq. Sakhan, Dist. Kailali (Nepal) ..

Applicants

Versus

The State of Maharashtra ..

Respondent Mr. Pranit P. Patni, Advocate for Applicants; Ms. D. S. Jape, APP for Respondent CORAM : S. G. MEHARE, J.

DATE : 21-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent/State.

2.

The applicants seek bail in C.R.No.0362 of 2023 registered with Visarwadi Police Station, Nandurbar, for the offences punishable under Sections 395, 397, 457 and 102B of the Indian Penal Code.

943-BA-592-24.odt 3.

Learned counsel for the applicants vehemently argued that there is inordinate delay in lodging the first information report. The applicants have been falsely impleaded, apprehended from the spot of accused, nothing is to be recovered from them. 4.

The learned A.P.P. has strongly opposed the application. She submits that the accused were apprehended immediately after the crime who had stolen the property. Both are the residents of Nepal. So, there are great chances of absconding. The strong evidence is available against the accused. This is not a good case for bail.

5.

Perused the chargesheet and considered the submissions of the respective learned counsel.

6.

Immediately after the incident, the applicants were apprehended on the spot of the incident with stolen property. They were taken to the police station and then arrested. The strong evidence of apprehension of the applicant with stolen property is against the applicant. Prima facie, there is no reason to disbelieve the prosecution case.

7.

Hence, the application stands dismissed.

( S. G. MEHARE ) JUDGE rrd