Subhash Kalu Sabale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1705 OF 2025 Subhash Kalu Sabale ...Applicant

Versus

The State of Maharashtra

...Respondent

_______ Mr. Vivek Arote a/w Mr. Akshay Dingale for Applicant. Smt. S. N. Deshmukh, APP for the Respondent-State. _______

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

10th SEPTEMBER 2025 P.C.

1.

Applicant is apprehending arrest in Crime No.231 of 2022 registered with Phaltan City Police Station, Dist. Satara for the offences punishable under Sections 379, 411 r/w Section 34 of the Indian Penal Code.

2.

It is prosecution's case that the first informant's motor was stolen from his agricultural field by unknown person. The said motor was purchased by the applicant.

3.

It is contention of learned counsel for applicant that applicant has a scrap business. He purchase and sale the scrap Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.12 11:37:51 +0530 material. The applicant had purchased the said motor as scrap SAJAKALI LIYAKAT JAMADAR

material. He was not aware that the said motor was stolen. Hence, requested to allow the application.

4.

It is contention of learned APP that applicant has antecedents. He has purchased the stolen article and he is habitual offender. Hence, requested to reject the application. 5.

I have heard both the learned counsels, perused the FIR and documents placed on record. The applicant does scrap business. He has purchased the stolen motor from the co-accused. Whether he was aware about the motor purchased by him was stolen or not is part of evidence. Considering these facts, I pass the following order.

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.231 of 2022 registered with Phaltan City Police Station, Dist. Satara, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount. (iii) The applicant shall attend the concerned police station as and when required.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)