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Bombay High CourtBA/960/2024rejected

Satish@Sandip Sakharam Pohalkar v. State Of Maharashtra

2024-08-26Hon'Ble Shri Justice Anil S. Kilor2 pages

30-BA-960-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 960 OF 2024 Satish @ Sandip Sakharam Pohalkar ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Satyavarat Joshi i/b Mr. Ashish Vernekar, Advocate for the applicant.

Mr. P. H. Gaikwad, APP for State-Respondent. CORAM:- ANIL S. KILOR, J.

DATED:- 26th AUGUST, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.406 of 2023 registered with Karveer Police Station, Kolhapur for the offences punishable under Sections 395, 397, 120-B, 324, 323 and 504 of the Indian Penal Code, 1860 and Section 3/25 of the Arms Act, 1959. 3) The learned Counsel for the applicant submits that no role is attributed against the applicant though applicant was present. He therefore, prays for grant of bail as the charge-sheet has been filed. 1/2

30-BA-960-24.DOC 4) The learned APP pointed out that there are three antecedents of similar nature and further melted gold worth Rs.22,00,000/- was recovered from the applicant and also electric weaving machine recovered from him. Moreover, there is a CDR, which supports the case of the prosecution that all the accused persons were in contact with each other. In addition to this, CCTV footage which shows the presence of the applicant at the spot with the accused, is also recovered. 5) Thus considering the fact that sufficient incriminating material, which shows the complicity of the applicant with the alleged offence is collected, I am of the opinion that this is not a fit case for grant of bail. Accordingly, the application is rejected and disposed of. [ANIL S. KILOR, J.] 2/2