Rahul Maheshchandra Jalora (In Jail) v. State Of Maharashtra Thr. P.S.O. Ramnagar Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 953 of 2016 [rAHUL Maheshchandra Jalora 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. A.R. Wagh, Adv., for the Applicant.

Mr. Jawade, APP for respondent.

----

CORAM

:

P.N. DESHMUKH, J.

DATE :

22nd December, 2016 Applicant, who is accused in Crime No. 617/16 registered with Ramnagar Police Station, Chandrapur, for offences punishable under Sections 454, 457 and 380 of Indian Penal Code, has applied for bail.

Heard learned counsel for the applicant and learned APP for the respondent.

Learned counsel for the applicant has submitted that the applicant has not played any role in committing theft of gold ornaments involved in this crime, but, even

according to prosecution, the applicant's role is of a receiver of the stolen property. The learned counsel, therefore, submitted that since the investigation is complete and charge-sheet is filed, there is no point in keeping the applicant behind the bars and also in view of the fact that the property, whatsoever, purchased by the applicant, has been recovered by the Investigating Officer from his possession.

Learned APP has not disputed the fact of role of applicant as a receiver of the stolen property, and has submitted that out of the stolen ornaments worth Rs. 8,00,000-00, ornaments approximately valued at Rs. 1,00,000/- are recovered from the applicant. In any case, from the say filed by the prosecution, the involvement of the applicant is revealed as receiver of the stolen property. It is further found that the Trial Court ordered return of the property back to the complainant.

In that view of the matter and as the chargesheet is filed, application is allowed as per order below:- [a] The applicant shall be released on bail on his executing a Personal Bond in the sum of Rs. 20,000-00 [rupees twenty thousand only] with one surety in the like amount.

[b] While on bail and pending trial, the applicant

shall mark his presence at Ramnagar Police Station, Chandrapur, once in a quarter on the first day of each such month.

Judge |hedau|