Mandeepsingh Dayasingh Sandhu v. The State Of Maharashtra

2025:BHC-AUG:19354

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 BAIL APPLICATION NO. 910 OF 2025 MANDEEPSINGH DAYASINGH SANDHU

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Kanade Angad Lala APP for Respondent/State : Mr. V.M. Jaware ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

24/07/2025 P.C. :

1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail as he is arrested in connection with Crime No. 190/2016 on 26.9.2016 registered with Wadhwana Police Station, Tq. Udgir, District Latur for the offences punishable under sections 395, 120-B, 107, 109, 114, 202 of I.P.C.

3.

The case of the prosecution is that on 26.9.2016 when the informant along with one another were proceeding from Nanded to Gulbarga in a van, at about 8.30 a.m. when their van was passing by highway, one Indica car by overtaking their van stopped in front of van of the informant. Three persons alighted from the car and by putting knife around the neck of the informant, they assaulted the informant and the other person present with him. One person by showing the threat of pistol snatched the bag of Rs. 6,00,000/-, mobile phone of another person and amount of Rs. 500/- and key of the vehicle and the accused ran away. In the supplementary statement, the informant has stated that approximately an amount of Rs.16,00,000/- was robbed. Thereafter, some of the accused persons came to be arrested and

approximately an amount of Rs. 14,00,000/- was recovered. During the course of investigation, one of the co-accused has taken the name of the present applicant and stated that the applicant has provided weapons to them and the applicant is the mastermind and that the applicant has distributed the amount of loot to various accused. Thereafter, applicant was arrested on 7.3.2025. He has filed bail application before the Trial Court which came to be rejected. Therefore, present bail application is filed for releasing him on bail. 4.

The learned counsel for the applicant submits that the applicant is arrested on 7.3.2025 and since then he is behind bars. The learned counsel submits that there is no recovery at the instance of present applicant and that the only material available against the applicant is the statement of coaccused and that no identification parade is held and applicant is not identified by the informant in this crime. The learned counsel submits that considering the above, regular bail may be granted to the applicant. 5.

Per contra, the learned APP points out that there is another crime registered against the applicant in which he has been granted bail. As the applicant did not attend the court, non bailable warrant was issued against the applicant. The applicant appeared before the Court and thereafter, N.B.W. was cancelled. The learned APP therefore prays to reject the application of the applicant as there are antecedents against the applicant. 6.

In response to above contentions, the learned counsel for the applicant submits that the applicant did not remain present before the Sessions Court as summons was not served upon him and he had no knowledge that trial was going on in that crime. The learned counsel further submits that thereafter the applicant was attending the trial in that crime. 7.

Having considered the above submissions and perusal of the police papers, it appears that applicant is arrested on 7.3.2025 and since then he is

behind bars in this crime. On perusal of the record, it is seen that name of the applicant has been taken by the another accused and except statement of coaccused, there is no other material available on record connecting the present applicant with the present crime. Considering that applicant is behind bars since last more than three months and there is no material available against the applicant to connect with the present crime, I deem it appropriate to grant regular bail to the applicant.

8.

In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 190/2016 on 26.9.2016 registered with Wadhwana Police Station, Tq. Udgir, District Latur for the offences punishable under sections 395, 120-B, 107, 109, 114, 202 of I.P.C., on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] If the applicant remains absent on two consequitive dates before the trial Court, the present order would be recalled. c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.

e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

9.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 10.

It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

11.

The application stands disposed of.

[ARUN R. PEDNEKER, J.] SSC/