Shankar Asaram Ghodke v. The State Of Maharashtra

12-BA.1021.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1021 OF 2022 Shankar s/o. Asaram Ghodke ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.N.B.Narwade, Advocate for applicant Mr.N.T.Bhagat, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 27, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0191 of 2022 registered with Sonai Police Station, Dist. Ahmednagar.

2.

Heard learned counsel appearing for the parties. 3.

The applicant is alleged to have purchased stolen goods namely, steel/iron bars worth Rs.5,68,000/-. The prosecution does not attribute him any role in the offence of robbery, which has been registered pursuant to the FIR lodged by one Nisaar Gulab Shaikh on 11.06.2022. The steel/iron bars purchased by the applicant have been

12-BA.1021.2022 seized by the Investigating Officer. The applicant has no criminal antecedents. The question is whether the applicant had purchased those steel/iron bars knowing them to be stolen, is a matter of evidence.

4.

Considering the nature of offence, the fact that the stolen goods have been seized from the applicant and that he is behind the bars for little over 40 days, he deserves to be granted bail.

5.

Hence, the following order:- (i) The application is allowed.

(ii) The applicant be released in connection with Crime No.0191 of 2022 registered with Sonai Police Station, Dist. Ahmednagar, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (iii) The applicant shall not tamper with the prosecution evidence in any manner.

[R.G. AVACHAT, J.] KBP