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Bombay High CourtBA/1328/2023application allowed

Subham Raosaheb Thombe v. The State Of Maharashtra

2023-08-17Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 BAIL APPLICATION NO.1328 OF 2023 WITH CRIMINAL APPLICATION NO.3051 OF 2023 IN BA/1328/2023 SUBHAM RAOSAHEB THOMBE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Temkar Rajendra K. APP for Respondent-State : Mr. S. B. Narwade. Advocate for Original Complainant : Mr. S. V. Sudrik. ...

CORAM : S. G. MEHARE, J.

DATE : 17.08.2023 PER COURT :- 1.

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

2.

The applicant seeks bail in Crime No.641 of 2023, registered with Rahuri Police Station, District Ahmednagar, for the offences punishable under Sections 395, 394, 364-A, 323, 341, 427, 504, 506 read with Section 34 of the IPC. 3.

The applicant has no antecedents. The cash of Rs.19,000/- has been recovered from him. It has been alleged against him that he assaulted the victim with a waist belt.

However, that belt was not recovered from him. Practically, nothing is to be recovered from him. He was arraigned as an accused as he was doing the recce of the victim, who was carrying hard cash. Considering the role attributed to him, no purpose would be served keeping the applicant behind bars. Therefore, he deserves bail on certain conditions. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant SUBHAM RAOSAHEB THOMBE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, in Crime No.641 of 2023, registered with Rahuri Police Station, District Ahmednagar, for the offences punishable under Sections 395, 394, 364-A, 323, 341, 427, 504, 506 read with Section 34 of the IPC, on the following conditions :

(a) He shall not tamper with the prosecution witnesses.

(b) He shall attend the Police Station as and when called on written notice by the Investigating Officer till filing charge sheet. (iii) Criminal Application No.3051 of 2023 to assist learned APP is allowed.

(S. G. MEHARE, J.) ...

vmk/-