Allauddin Shaikhlal Shaikh v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2558 OF 2016 Allauddin Shaikhlal Shaikh ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr Sachin S. Deshmukh, Advocate for applicant; Mr S. D. Ghayal, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 7th June, 2016 ORDER :

The applicant is seeking his release on regular bail in connection with Crime No. 22 of 2016, registered at Loni Police Station, Dist. Ahmednagar, on 1st February, 2016, for the offence punishable under Section 392 read with Section 34 of the Indian Penal Code and under Sections 3/25 of the Arms Act, for the alleged incident dated 1st February, 2016.

2.

The allegations against the applicant is that the applicant has snatched a bag containing of Rs. 9,00,000/- from the complainant, which were meant for payment of pomegranate.

3.

While trying to make out a case for grant of regular bail, Mr Deshmukh, learned Counsel appearing on behalf of the applicant submits that, there are no criminal antecedents as against the present applicant,

(2) but for the present crime in question. According to him, the other co-accused, who are similarly placed in the crime in question, are already released. The chargesheet in the matter is already filed and the investigation is completed. As such, further detention of the applicant in crime in question is not necessary.

4.

Learned Additional Public Prosecutor opposes the application and submits that there is strong prima facie case against the applicant. He then submits that application be rejected.

5.

It is not in dispute that the other co-accused, namely, Ajit Suresh Choudhari and Kiran Ratnakar Choudhari are already ordered to be released on regular bail by the learned Sessions Judge, Kopargaon. The case of the said accused person is at par with that of present applicant. As the investigation in the matter is completed and the chargesheet is filed and in absence of any criminal antecedents against the present applicant, but for present crime in question, it will be appropriate to order the release of the present applicant on bail. Hence I pass following order :- The applicant be released on bail, in connection with Crime No. 22 of 2016, registered at Loni Police Station, Dist. Ahmednagar, for the offence punishable under Section 392 read with Section 34 of the Indian Penal Code and under Sections 3/25 of the Arms Act, upon furnishing P.R. Bond of Rs 30,000/-, with one surety in the like amount. The applicant shall not tamper with the prosecution evidence.

(3) Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) sjk