Vijay Vasant Chavan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2480 OF 2014 Vijay Vasant Chavan.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

­­­ Mr. Rahul K. Dhaygude, advocate for Applicant. Mr. D.P. Adsule, APP for State.

­­­ CORAM : SMT.SADHANA S. JADHAV,J DATE : JANUARY 16, 2015 P.C.:

Heard the learned Counsel for the applicant and learned APP for State. Perused the papers.

This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 13/7/2014 in Crime No. 111 of 2014 registered at Khandala Police Station for offence punishable under Section 395 of the Indian Penal Code 1/3

It is the case of the prosecution that on 22/6/2014 one Sanjay Shah has lodged a report at the police station alleging therein that he had been alongwith his family to Veer Dharan. When they were returning, two unknown persons had apprehended them and had stolen the valuables from the person of his wife and the cell phone hand sets. They had also taken away keys of the car of the applicant. On the basis of his report, offence was registered against unknown persons. In the course of investigation, the present applicant was arrested on 13/7/2014.

Learned APP has filed an affidavit contending therein that the applicant has criminal antecedents. He is an accused in (1) Crime No. 72 of 2014 registered at Satara Taluka Police Station for offence punishable under Section 392 read with Section 34 of the Indian Penal Code and (2) Crime No. 140 of 2014 registered at M.I.D.C. Police Station, Ahmednagar for offence punishable under Section 392 read with Section 34 of the Indian Penal Code. It is also submitted that the investigating agency had conducted test identification parade on 21/7/2014 and that the complainant has identified the applicant. 2/3

The learned Counsel for the applicant submits that prior to registration of the present offence, the applicant had no criminal antecedents. However, he has been transferred in C.R. No. 73/2014 and 140/2014. It is submitted that although the applicant has been identified, the complainant has not assigned any specific role to the applicant for the purpose of identification.

Taking into consideration the papers of investigation and the antecedents of the applicant, this Court is not inclined to grant bail to the present applicant. The application being sans merits stands rejected. The application is disposed of accordingly. (SMT. SADHANA S. JADHAV,J) 3/3