Singlejudge criminal application for bail in a robbery case. The High Court allowed bail noting no bad antecedents and absence of witness identification despite a cash recovery. Applicant granted bail on Rs.30,000 bond.
Released on bail on furnishing Rs.30,000 bond with one or more solvent sureties.
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 ) cria1724.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1724 OF 2017
Shankar s/o. Vishnu Pawar
Age. 23 years, Occ. Private Service,
R/o. Waghala, Tal. Pathari,
Dist. Parbhani.
..Applicant
Versus
The State of Maharashtra..Respondent
Mr.Vishal A. Bagal, Advocate for the applicant.
Mr.A.A. Jagatkar, A.P.P. for respondent/State.
CORAM : T.V. NALAWADE,J.
DATED :25.04.2017
P.C. :-
1.This application is filed for bail. Statement was
made that this is the first application for bail filed in
this Court. Both the sides are heard. This Court had
already directed to collect information as to whether the
applicant has bad antecedents. The learned A.P.P. submitted
that the applicant has no bad antecedents.
2.The F.I.R. shows that the incident took place in
between 27.04.2015 and 28.04.2015 at about 03.00 a.m. When
the complainant Nandlal and other watchman Maroti were
present in the campus of Manjit Cotton Pvt. Ltd., Kaudgaon,
Tal. Parali., watchman Maroti started shouting as he had seen
some decoits entered in the campus. Some persons showed
knife to the complainant and they took care that the
complainant was detained at one place by tying his limbs.
The thieves then took away a cupboard. They emptied the
cupboard and they took away cash amount of Rs.26,000/-. The
incident took place in the night time. According to learned
A.P.P., the police papers do not show that any witness
identified the present applicant. There is no recovery at
the instance of the present application. There are no bad
antecedents. The applicant is behind the bar since
09.01.2017. In view of these circumstances, this Court holds
that it is not desirable to keep the applicant behind the bar
till disposal of the case.
i.In the result, the application is allowed.
ii.The applicant – Shankar s/o. Vishnu Pawar be
released on bail in connection with Crime No.36 of 2015,
registered with Sirsala Police Station, Tq. Parali (V), Dist.
Beed, for the offence punishable under section 395 of the
Indian Penal Code, on his furnishing PR & SB of Rs.30,000/-
(Rupees Thirty Thousand) with one or more solvent sureties in
like amount.
iii. The applicant is not to tamper the prosecution
witnesses and he is not to commit similar offence.
snk/2017/APR17/ cria1724.17
2 issues framed by the court
Whether the applicant should be released on bail given the lack of bad antecedents and no direct witness identification.
Whether the bail conditions including bond and surety are appropriate for the offence of robbery.
1 provisions across 1 enactments
Shankar s/o. Vishnu Pawar
The State of Maharashtra
T.V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court