In this bail application regarding offences under Sections 395, 386, 363, 504, and 506 IPC for theft and robbery, the court considered the recovery of the impugned machine and the applicant's lack of criminal antecedents.
Applicant released on bail by furnishing P.R. Bond of Rs.25,000 with one or two solvent sureties in like amount.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.6 OF 2017
Somnath Vilas Waghmare .... Applicant
versus
State of Maharashtra ... Respondent
Mr.Jaydeep D. Mane, Advocate for the Applicant. Mr.S.S. Pednekar, APP for the State/Respondent.
CORAM : MRS.MRIDULA BHATKAR, J. DATE : 10th FEBRUARY, 2017.
P.C. :
applicant/accused. The offence is registered by Sachin Balaso Rupnavar against the applicant/accused and other accused on 28/06/2016 in C.R.No.420/16 for the offences punishable under sections 395, 386, 363, 504, 506 of the Indian Penal Code of Sangola Police Station.
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2013 for Rs.17,45,000/-. However, he paid same amount in cash and he promised to repay the loan of remaining amount, which was taken by Santosh Kashid, the previous owner. Thereafter the complainant and his brother were giving J.C.B. Machine for the work and it was on hire and were earning money.
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demanded Rs.2,00,000./- from him. They wrongfully restrained him for one day and thereafter complaint was lodged by his wife and mother. Police reached the premises and rescued him. Thereafter he gave complaint. The applicant/accused was arrested on 01/07/2016. Hence this bail application.
has submitted that the applicant/accused the name of the applicant/accused is appearing in the complaint and so also in
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the statement of other witnesses. He submitted that the applicant/accused is involved in earlier two cases. The learned counsel for the applicant/accused on instruction submitted that the applicant/accused has been acquitted from earlier cases.
the applicant/accused and learned prosecutor. The name of the applicant/accused is appearing in the FIR. However, J.C.B. Machine is recovered. As it is rightly submitted there are no serious charges of any assault or any other offence against the applicant/accused. There is no criminal antecedent. As well as by earlier order dated 06/02/2017 in Anticipatory Bail Application No.2393/16 this Court has granted bail to co-
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accused Dattatray Ramchandra Bhandare. In view of this, I am inclined to grant bail to the applicant/accused on the following terms and conditions:
ORDER
(ii) The applicant/accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.
(MRIDULA BHATKAR, J.)
Nesarikar
1 issue framed by the court
Whether bail be granted to the applicant accused in a FIR alleging robbery and theft of a J.C.B. machine.
Somnath Vilas Waghmare
State of Maharashtra
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
