Mahadev @ Madhya Suresh Nandure v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2648 OF 2024 Mahadev @ Madhya Suresh Nandure ... Applicant
Versus
State Of Maharashtra ... Respondent by NILAM SANTOSH KAMBLE Date: 2026.01.23 17:34:38 +0530 NILAM SANTOSH KAMBLE ________________________________________________________ Mr.Debajyoti Talukdar, for the Applicant in BA No.2648 of 2024. 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. :
.
By this Applications, the Applicant is seeking regular bail in C.R.No. 40 of 2021 registered with Sahakar Nagar Police Station, Pune for the offences punishable under Sections 395, 397 of Indian Penal Code, 1860 (for short "IPC") and Sections 3(1)(ii), 3(4) of Maharashtra Control of Organized Crimes Act (for short "MCOC Act").
2.
It is the prosecution's case that the first informant was
working as a supervisor in Country Liquor Bar of one Vivek Gupta situated at Aranyeshwar, Pune and on 03.03.2021 at about 10.30 p.m. 6 unknown persons came to his shop with deadly weapons and tried to rob money from cash counter. At that time, first informant resisted the said act. It is alleged that first informant was assaulted by those persons and by threatening first informant they took out cash from the cash counter and fled away. In investigation, in connection of present crime police arrested Applicant and co-accused. It is alleged that, while committing dacoity Applicant was standing outside the said Country Liquor Bar.
3.
It is the contention of learned Counsel for the Applicant that name of the Applicant was not mentioned in the FIR. Investigation is completed and charge-sheet has been filed. Applicant is behind the bars for more than four years and nine months, and requested to allow the Application.
4.
Learned APP submitted that the Applicant is a member of Syndicate crime. He is involved in the crime of dacoity committed on Country Liquor Bar of first informant. Applicant was standing outside the said bar. The Applicant had one antecedents. If Applicant is
released on bail, he may threaten prosecution witnesses, and requested to reject the Application.
5.
I have heard both the learned Counsel. Perused the FIR and charge-sheet. It is alleged that, Applicant was standing outside the Country Liquor Bar, when co-accused had committed dacoity and robbed cash from the cash counter of the first informant's Country Liquor Bar. No Test Identification Parade was conducted. There is no recovery at the instance of Applicant. Applicant is behind the bar more four years and nine months. Investigation is completed and chargesheet has been filed. Considering the above facts, his further detention is not required.
6.
In view of the above, I pass following Order:
ORDER
(i) The Applicant-Mahadev @ Madhya Suresh Nandure be enlarged on bail in C.R.No. 40 of 2021 registered with Sahkarnagar Police Station, Pune on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned Police Station once in a month i.e. on first Monday of the month between 11.00 a.m. to 3.00 p.m. till framing of charge.
(iii) The Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer. (iv) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. (v) The Trial Court shall decide the said case on its own merits, in accordance with law uninfluenced by the observations made in this order.
7.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
(SHIVKUMAR DIGE, J.)