Sachin Lahu Ghule v. The State Of Maharashtra
2024:BHC-AUG:11826 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 939 BAIL APPLICATION NO.923 OF 2024 Sachin S/o Lahu Ghule, Age-33 years, Occu:Business, R/o-Terkheda, Tq-Washi, District-Dharashiv, (At present in District Central Prison, Latur).
...APPLICANT
VERSUS
The State of Maharashtra, Through Police Station Officer, Police Station, Chakur, Taluka-Chakur, District-Latur.
...RESPONDENT ...
Mr. Sudarshan J. Salunke Advocate for Applicant. Mr. S.M. Ganachari, A.P.P. for Respondent-State. ...
CORAM: S.G. MEHARE, J.
DATE : 25th JUNE, 2024 ORDER :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
Applicant seeks bail in Crime No. 0235 of 2024 registered
with Police Station Chakur, District-Latur for the offence punishable under Sections 395, 341 and 506 of the Indian Penal Code and Section 4 and 25 of the Arms Act.
3.
Learned counsel for the applicant submits that the applicant has no remote concern with the alleged crime. Only the mistake he has committed is he did not return the liquor bottle to the co-accused who offered him to purchase the stolen property. There are no similar crimes registered against him. The so-called bottle has been recovered from the counter box of the bar, owned by his brother. He has undergone the PCR and material investigation has been completed. He has roots at village Terkheda, Taluka Washi District-Dharashiv. He is ready to co-operate with the investigation.
4.
Learned APP has strongly opposed the application. He would submit that the stolen property of the dacoity was found in the possession of the applicant. That means, he was knowing about the stolen property. Instead of informing the police, he kept silence. Eight persons committed dacoity, out of them some accused are absconding. The applicant has played the active role
in the crime. The investigation is in progress. Hence, he may not be granted bail.
5.
Considering the role attributed to the applicant and permanent abode at village Terkheda, Taluka-Washi, DistrictDharashiv, the Court is of the view that his custodial interrogation will serve no purpose. The prosecution was successful in recovering the truck as well as the liquor found in the truck from another place. Single liquor bottle has also been recovered from the applicant.
6.
For the above reasons, the following order is passed:-
O R D E R
(I) Bail Application is allowed.
(II) Applicant - Sachin S/o Lahu Ghule be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount, in above crime on the condition that :-
(a) Applicant shall not tamper with the prosecution witnesses.
(b) Applicant shall attend the police station as and when called by the investigating officer on written notice, till filing of the charge-sheet.
[ S.G. MEHARE , J. ] asb/JUNE24