Ankush S/O Rangnath Satre v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 6604 OF 2015 Ankush s/o Rangnath Satre, Age : 30 years, Occu. Agriculturist, R/o. Wambori, Tq. Rahuri, Dist. Ahmednagar.
... Applicant
VERSUS
The State of Maharashtra.
... Respondent ..........
Mr N. C. Garud, Advocate for the applicant Mr U. S. Mote, APP for respondent/State .............
ALONG WITH CRIMINAL APPLICATION NO. 6107 OF 2015 Tabaji s/o Ratan Satre, Age : 53 years, Occu. Agri, R/o. Katrad, Tq. Rahuri, Dist. Ahmednagar.
... Applicant
VERSUS
The State of Maharashtra.
... Respondent ..........
Mr N. V. Gaware, Advocate for the applicant Mr U. S. Mote, APP for respondent/State .............
ALONG WITH CRIMINAL APPLICATION NO. 5729 OF 2015 Bapu Baban Satre, Age : 27 years, Occu. Service (Military), Posted at Jharkhand, R/o. Wambori, Tq. Rahuri, Dist. Ahmednagar.
... Applicant
VERSUS
The State of Maharashtra.
... Respondent ..........
Mr Joydeep Chatterji, Advocate for the applicant Mr U. S. Mote, APP for respondent/State .............
ALONG WITH CRIMINAL APPLICATION NO. 5782 OF 2015
1. Raosaheb Haribhau Satre, Age : 42 years, Occu. Agriculture.
2. Sanjay Haribhau Satre, Age : 42 years, Occu. Agriculture.
3. Sandip Baban Satre, Age ; 26 years, Occu. Agriculture, All R/o. Wambori, Tq. Rahuri, Dist. Ahmednagar.
... Applicants
VERSUS
The State of Maharashtra.
... Respondent ..........
Mr Joydeep Chatterji, Advocate for the applicants Mr U. S. Mote, APP for respondent/State .............
CORAM :
N. W. SAMBRE, J.
DATE : 11TH JANUARY, 2016.
PER COURT:
.
By these applications, the applicants herein are seeking regular bail in Crime No. I-90 of 2015 registered with Rahuri Police Station, Tq. Rahuri, Dist. Ahmednagar for the offences punishable under Sections 395,
307, 452, 354(A), 355, 324, 323, 504, 506 of the Indian Penal Code. 2.
It is the case of present applicants that, by some of the applications the applicants had approached this Court after filing of chargesheet however, they have withdrawn the applications. The present applications are moved in view of the change in circumstances i.e. this Court by an order dt. 16th October, 2015 has released co-accused Datta and Ganesh on regular bail.
3.
The ld. Counsel for the applicants would urge that, Section 395 cannot be attracted against present applicants in view of the absence of specific attributions against them. In addition, learned Counsel would urge that, even if, the conduct of the applicants is examined in the background of Section 307, it could be seen that there are sweeping allegations against the accused persons. He would then urge that, the applicants are behind bars since last more than 10 months. According to them, since investigation in the matter is already complete and charge-sheet is filed, their further detention is not necessary as they will be available for the trial. In case trial begins, they shall regularly attend the same.
4.
Learned APP while taking me through the contents of FIR would urge that there are eye-witnesses to the incident in question and the serious nature of crime is alleged in the FIR. According to him, the intention
of the applicants is writ large in commission of crime in question particularly there are attributions against group of the accused persons for commission of crime in question. He would then urge that, in view of the prima facie case against the applicants, the applications for bail are liable to be rejected. 5.
Perused the contents of FIR and the charge-sheet. 6.
Section 395 of the IPC is invoked in view of five tolas gold ornaments snatched away from the body of complainants daughter Prachi by one Sanjana Mohan Satre.
7.
So far as Sections 307 and 452 of the IPC are concerned, it is required to be noted that, though the investigation remains to be done of the victim, however, the fact remains that there are sweeping allegations against the applicants. Apart from the above, the investigation in the matter is already complete and applicants are behind bars since last more than 10 months. 8.
In view thereof, it will be appropriate, in my opinion, to order release of the applicants on bail. Hence, I proceed to pass the following order.
ORDER
(i) The applicants Ankush s/o Rangnath Satre, Tabaji s/o Ratan Satre, Bapu Baban Satre, Raosaheb Haribhau Satre, Sanjay Haribhau Satre and Sandip Baban Satre in Crime No. I-90 of
2015 registered with Rahuri Police Station, Tq. Rahuri, Dist. Ahmednagar for the offences punishable under Sections 395, 307, 452, 354(A), 355, 324, 323, 504, 506 of the Indian Penal Code be released on bail on their furnishing P.R. bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each, with one surety in the like amount.
(ii) They shall regularly attend Sessions trial.
(iii) The applicants shall not enter the village Wambori, Tq. Rahuri, Dist. Ahmednagar till recording of the evidence. 9.
The applications stand allowed in above terms. [ N. W. SAMBRE ] JUDGE sgp