Somnath Dadasaheb Narwade v. The State Of Maharashtra

948-BA-1554-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1554 OF 2022 Somnath Dadasaheb Narwade ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. K. M. More, Advocate for applicant Mr. A. V. Deshmukh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 30th SEPTEMBER, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0289/2022, registered at Paithan Police Station, District Aurangabad, for the offences punishable under Sections 336, 341, 394, 427 read with 34 of the Indian Penal Code and under Sections 25, 4 of the Arms Act.

2.

Heard. Perused the First Information Report (FIR) and related papers.

(( 2 )) 948-BA-1554-2022 3.

The FIR has been lodged by the victim himself on 15.08.2022. It is his case that he was proceeding in his truck along Pachod - Paithan road. It was just past 12.00 midnight, a Bolero jeep came from behind. The driver of the Bolero jeep brandished a sword from the moving jeep itself. Other person sitting by the side of the driver pelted a stone on the wind screen of the truck. The wind screen got smashed. The Bolero jeep then came ahead and blocked the way of the truck. Two persons got down from the jeep. They robbed the truck driver of Rs.1400/-. Within hours, the applicant and co-accused came to be apprehended based on the description of the Bolero jeep. A sword came to be seized from the jeep.

4.

The applicant is 20 years of age. He is in jail for little over one and half months. Investigation appears to have been almost complete. Considering his age and with a view to give him an opportunity to reform himself, the Court is inclined to grant him bail even before filing of the charge-sheet. Hence following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.0289/2022, registered at Paithan Police Station, District Aurangabad, for the offences

(( 3 )) 948-BA-1554-2022 punishable under Sections 336, 341, 394, 427 read with 34 of the Indian Penal Code and under Sections 25, 4 of the Arms Act, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

(iii)The applicant shall attend the concerned Police Station once a week i.e. on every Sunday by 9.00 p.m. for the next six months.

(iv)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS