Rajkumar @ Baba Shamrao Pawar v. State Of Maharashtra, Through P.S.O. Yavatmal City, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [ABA] No.310 of 2015 [Rajkumar @ Baba Shamrao Pawar Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Mir Nagman Ali, Adv., for the applicant.

Ms. Kalyani Joshi, APP for respondent.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

10th July, 2015.

Heard learned counsel for the rival parties. Perused the FIR. FIR clearly shows that the Police Patrolling Party found the persons preparing to commit dacoity. The patrolling party found on Dhamangaon Road near a Polytechnic College two vehicles and, therefore, the police party gave a call, but the persons in the vehicles ran away.

The applicant is one of such persons who ran away and though a charge-sheet has been filed by now, the applicant is still at large. In other words, the applicant could not be arrested since he is absconding, as stated by learned APP for the State. Learned APP has furnished a Crime Chart relating to the applicant. The offences shown in the Crime Chart pertain to the period

between 2010 and 2015. The Crime Chart shows that even after patrolling party found some persons preparing to commit dacoity on 17th February, 2015, the applicant is prosecuted for offences under Sections 394, 384 read with Section 34 of Indian Penal Code and Section 4/25 of the Arms Act by committing offence of robbery at about 11.30 a.m., in relation to complainant Saurabh Sengar and in the Crime Chart the applicant tops the list of the accused persons at Sr. No.1. In November, 2012, February, 2013 and July, 2014, criminal offences have been registered against the applicant.

Looking to the Crime Chart in respect of the applicant, I do not think that he should be released on anticipatory bail. If there is no material, ultimately he may be released on a regular bail, but the relief of anticipatory bail cannot be extended to him. Hence the following order:- Criminal Application No. 310 of 2015 is rejected. Judge |hedau|