A bail application allowed for alleged robbery where applicant offered to deposit stolen amount with trial court. Bail granted with sureties and condition to deposit recovered sum.
Applicant released on bail on furnishing P.R. Bond of Rs. 25,000/- with sureties, conditioned to deposit Rs. 7,000/- with trial court within two weeks.
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BA-1333.2012
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
APPLICATION NO.1333 OF 2012
{For Bail}
Mahadev Ganpat Rupnaver.... Applicant
Vs.
The State of Maharashtra.... Respondent
Shri Rahul Dhaigude for the Applicant.
Shri Rajesh More, APP, for the State.
CORAM: R.C. CHAVAN, J.
DATED: OCTOBER 25, 2012
P.C:
This is an application for bail by a person who is alleged to have participated in a robbery at a hotel. It is stated that due to refusal by the hotel keeper to serve meals, the applicant and his two friends broke some tables, chairs, TV set, fridge, etc., at the hotel and robbed the victim of 7,000/-. The learned counsel for the applicant submits that all the allegations are false. However, to show his bona fides, without prejudice to his rights and defences, his client would deposit a sum of 7,000/- with the trial Court within two weeks. In view of this, the applicant's presence in
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sjs
BA-1333.2012
custody pending further investigation or trial may not be necessary, since even according to the learned APP the investigation is complete and charge-sheet has already been filed. The application is, therefore, allowed. The applicant be released on bail in C.R. No.161 of 2012 of Walchandnagar Police Station, District Pune on his furnishing P.R. Bond in the sum of 25,000/- with one or more solvent sureties in the sum aggregating to 25,000/- on the condition that the applicant shall deposit a sum of 7,000/- with the trial Court within a period of two weeks, which amount the learned trial Judge shall invest in high interest earning deposit in State Bank of India and shall deal with the same at the end of the trial as per the result of the trial. The application accordingly stands disposed of.`
(R.C. CHAVAN, J.)
2 issues framed by the court
Whether the applicant is eligible for bail after investigation completion and charge-sheet filing.
Whether conditioning bail on deposit of an amount proven during the alleged offence is acceptable.
Mahadev Ganpat Rupnaver
The State of Maharashtra
R.C. CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court