Santosh S/O. Vitthal Shelke (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Risod, Dist. Washim
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO. 916 OF 2017 ( Santosh S/o Vitthal Shelke..vs..The State of Maharashtra, through PSO.PS.Risod,District-Washim) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri R.M.Mardikar,Advocate for applicant.
Smt.Kalyani Deshpande, A.P.P. for State-non-applicant. CORAM : V.M. DESHPANDE, J.
DATED :
SEPTEMBER 26, 2017 Heard learned counsel for applicant and learned A.P.P.for State-non-applicant.
2] The applicant is arrested in connection with Crime No.111/2017, registered with P.S.Risod,DistrictWashim for the offence punishable under Section 364-A of the Indian Penal Code. The learned counsel for the applicant submits that the prosecution story is highly unbelievable and therefore applicant should be released on bail. Further, he submits that in view of the law laid down by Hon'ble Apex Court in Megha Singh..vs..State of Haryana,1995 CRI.L.J.3988 which is followed in Mukhtiar Ahmed Ansari..vs..State (N.C.T. of Delhi), AIR 2005 SC 2804 the applicant is required to be released on bail because investigating officer is very same officer who has recorded the statement of first informant. First of all, the submissions based on Mukhtiar Ahmed Ansari case( cited supra) by the
learned counsel for the applicant is highly misplaced. Presently, this Court is dealing with the application filed by the applicant for bail under Section 439 of the Code of Criminal Procedure.
3] It is also one of the submissions of the learned counsel for the applicant that the present applicant is implicated only on the statement of coaccused and there is no material against the present applicant. I am afraid that such submissions are in consonance with the record. The said submission is contrary to the record and F.I.R.
4] The F.I.R. is lodged by one Smt.Kasabai Ramesh Lokhande. The victim Vishal is her son ,aged about 11 years. The first informant's husband Ramesh Lokhande is working with one Jahangir Baba Trust at Shirpur Jain. On 1/5/2017, Vishal had been to Shirpur to meet his father. On 2/5/2017 at about 11.00 a.m. first informant received a phone call from Vishal that he has left Shirpur to reach to Pankanergaon, the place of the first informant. At about 3.00 p.m. first informant received phone call from Vishal that four persons have kidnapped him from Risod Bus stand. Thereafter, one person had a contact with first informant and informed first informant that she should give Rs. 20,000/- else she will have to face dire consequences with Vishal. Thereafter, as per first informant, she alongwith one of the relatives went to Pankanergaon in the vehicle of Pintu Rodge and other proceeded towards Hingoli. That
time she again received phone call from Vishal's cellphone. It was revealed that time to her that she should come alone else the boy will be taken elsewhere. At Raholi Fata,Hingoli she could notice Vishal, that time two persons were accompanying Vishal. As soon as first informant saw her son Vishal, he hugged his mother and started weeping, the most natural reaction on the part of Vishal. The F.I.R. further proceeds that the persons who were accompanied with Vishal demanded RS. 20,000/- .That time, there was some verbal altercation between first informant and said persons. At that time Pralhad who accompanied first informant disclosed the said persons that he has made a phone call to police. After getting this particular information these two persons ran away from the spot and started running away in a white coloured car bearing no.
MH-38-4044. The said vehicle was chased by the first informant and her companions. At Rahuli village the villagers stopped the said car and persons were apprehended. The Hingoli Police came there and they made inquiry that time they disclosed their identities as Sandip Raghunath Jadhao (accused no.1) ,Shrikant Dilip Gupta(accused no.2), Santosh Vitthal Shelke(accused no.3-the present applicant) and Prakash Rajaram Jadhao (accused no.4). Thus, it is clear that applicant was apprehended on the spot itself.
statement of co-accused. The offence punishable under Section 364-A of the Indian Penal Code is very serious offence. The applicant alongwith his companions in order to extract money has kidnapped young boy. It is because of timely help with a grace of god the life of the said boy is saved. Hence, application is dismissed. JUDGE Kitey