This is an oral bail order allowing the applicant's release on bond and sureties in a dacoity case pending trial, noting lack of material linking his motorcycle to the crime spot.
Application allowed; applicant released on bail with personal bond of Rs. 40,000 and two sureties of Rs. 20,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 Cri. Appln. 1297-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1297 OF 2016
Bandu @ Govind Manik Darade
Age 27 years, Occu.: Driver,
R/o Warkhed, Savangi, Tq. Shevgaon,
District Ahmednagar
.. Applicant
Vs.
The State of Maharashtra
Through Chaklamba Police
Station, District Beed
.. Respondent
.....
Mr. Nilesh S. Ghanekar, Advocate for the applicant
Mr. A.R. Borulkar, APP for the respondent-State
......
CORAM : M.T. JOSHI, J.
DATED : 18/04/2016
ORAL ORDER :
Heard both sides.
2.The present applicant, who is arrested by
Chakalamba Police Station, Dist. Beed in Crime no.I-79
of 2011 for the offences punishable under section 395
of the Indian Penal Code and under section 3(1)(2),
3(2), 3 (4) of the Maharashtra Control of Organized
Crimes Act, is praying for his release on bail.
2 Cri. Appln. 1297-2016
3.The applicant has earlier filed application
bearing Criminal Application No. 3778 of 2015. The same
was however withdrawn on 28/07/2015.
4.Mr. Ghanekar, learned counsel for the
applicant submits that despite withdrawal of the
application on 28th July, 2015, there is no progress in
the trial. He further relies on the order passed by
this Court dated 23rd August, 2012 passed in Criminal
Application NO. 3204 of 2012, wherein similarly
situated accused has been released on bail by this
Court in the same crime.
5.The complaint would show that in the night on
17/11/2011, at about 8.00 pm, while the complainant was
proceeding on his motorcycle, some unknown dacoits
accosted him and took away his mobile phone of nokia
make and cash of Rs.49,500/-. Therefore, the offence
came to be registered and the chargesheet is filed.
So far as the present applicant is concerned, the
material is that his own motorcycle is seized from him,
which according to the prosecution, was used to proceed
3 Cri. Appln. 1297-2016
to the spot of occurrence. There is however no
material on record to show that the motorcycle was
taken to the spot of occurrence.
6.Considering all the facts on record and
finding that the trial would take its own time, the
following order :-
I)The Application is allowed.
II)The applicant be released on bail in Crime
no.I-79 of 2011 registered with Chakalamba Police
Station, Dist. Beed for the offences punishable under
section 395 of the Indian Penal Code and under section
3(1)(2), 3(2), 3(4) of the Maharashtra Control of
Organized Crimes Act, upon his executing P.R. bond in
the sum of Rs.40,000/- (Rs. Forty Thousand) and also
upon furnishing two sureties in the amount of
Rs.20,000/- (Rs. Twenty Thousand) each.
[M.T. JOSHI] JUDGE
arp/-
2 issues framed by the court
Whether the applicant is entitled to bail in charges of dacoity where there is no material linking him to the spot of occurrence.
Whether delay in trial justifies release on bail.
2 provisions across 2 enactments
Bandu @ Govind Manik Darade
The State of Maharashtra
M.T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court