Sachin @ Gharya Anna Pandurang Sondkar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2062 OF 2024 Sachin @ Gharya Anna Pandurang Sondkar ... Applicant

Versus

State Of Maharashtra ... Respondent ________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.01.23 17:35:17 +0530 NILAM SANTOSH KAMBLE Mr.Satyavrat Joshi i/b Mr.Sanmay Pawar, for the Applicant in BA No.2062 of 2023.(Through V.C.) Mr.P.P. Jadhav, APP for Respondent-State.

Ms.Tulsabai Pandhari Kendre, Prob. PSI, Sahakar Nagar Police Station, Pune City.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 21st JANUARY 2026 P.C. :

.

Heard learned counsel for the Applicant and learned APP for the Respondent-State.

2.

By this Applications, Applicant is seeking regular bail in CR No.40 of 2021 registered with Sahakar Nagar Police Station, Pune for the offences punishable under Sections 395, 397 of the Indian Penal Code, 1860 ('IPC' for short) and Sections 3(1)(ii), 3(4) of the

Maharashtra Control of Organized Crimes Act ('MCOC' for short). 3.

It is prosecution's case that the first informant was working as a supervisor in Country Liquor Bar of one Vivek Gupta situated at Aranyeshwar, Pune, on 3.3.2021 at about 10.30 p.m. 6 unknown persons came to his shop with deadly weapon and tried to rob money from cash counter. At that time, First Informant resisted the said act. It is alleged that while committing dacoity the Applicant was present and motorcycle used in the crime is belonging to the Applicant. 4.

It is contention of the learned counsel for the Applicant that, the incident is captured in CCTv footage the Applicant was not seen in footage. The co-accused having similar allegations have been released on bail. The Applicant is behind bars more than 4 years and 9 months. There is no progress in trial. It may take time to conclude the trial, and requested to allow the Applications.

4.

It is contention of learned APP that motorcycle used in the crime is belonging to the Applicant. The Applicant was present at the time of the accident. He is habitual offender. If Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The incident is captured in CCTv footage. In CCTV footage, the Applicant's presence is not seen. To prove the role of the Applicant, evidence is required. No Test Identification Parade of the Applicant was conducted. The Applicant is behind bars for more than four years and nine months. There is no progress in trial. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Sachin @ Gharya Anna Pandurang Sondkar be released on bail in CR No.40 of 2021 registered with Sahkarnagar Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)