Anticipatory bail application allowed in a theft case involving accused brother-in-law. Court granted bail upon showing false implication and lack of antecedents despite belated FIR registration.
Application allowed; bail granted upon execution of PR bond of Rs.20,000/- each with sureties; appearance before IO by 16th September 2021.
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 of 3 10.ABA.2198.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2198 OF 2021
Atharva Atul Gujare and others
Applicant
versus
The State of MaharashtraRespondent
Mr.Shrikant S. Rathi, Advocate, for applicant.
Mr.S.R.Agarkar, APP, for State.
API Jadhav, Shahapur Police Station, Thane Rural, present.
CORAM :PRAKASH D. NAIK, J.
DATE :9th September 2021
PC :
1.This is an application for anticipatory bail in CR No.307 of
2021 registered with Shahpur Police Station for offences under
Section 380 r/w 34 of Indian Penal Code. The FIR was registered on
20th July 2021.
2.The complainant has alleged that his relative has passed away
on 19th May 2021 and several relatives had attended the funeral.
Thereafter the accused had visited his house for taking bath. While
they were changing clothes the complainant noticed that door of
cupboard was open. On 23rd May 2019 when he opened the
cupboard for taking out gold ornaments from the cupboard, he found
that the ornaments were missing. He made enquiries with his wife
and other family members. No other person had entered into the
house of complainant. Several ornaments the details of which are
reflected in the FIR, were missing. They suspected that the
applicants have committed theft of the said ornaments. To give an
MANISH Digitally signed byMANISH SURESH SURESHTHATTE THATTEDate: 2021.09.1315:01:01 +0530
2 of 3 10.ABA.2198.2021.doc
opportunity to the applicants, meetings were held in presence of
relatives by requesting them to return the ornaments. However, in
spite of attempts to reconcile the dispute, the ornaments were not
returned. Hence, the FIR was lodged with police station.
3.Learned advocate for applicants submitted that the FIR is false.
The applicants are not involved in the offence. The applicants are
boys aged about 19, 22 and 19 years respectively. All of them are
students. Their arrest would cause irreparable damage to their
image and career. Merely on the basis of suspicion of the
complainant, the applicants cannot be subjected to custodial
interrogation. The FIR was lodged belatedly. In the past two
complaints were registered against first informant. CR No.40 of
2016 was registered with Shahpur Police Station for offences under
Sections 353, 504 and 506 of IPC by one close relative of applicants.
The first informant is also the relative of applicants. One more FIR
was registered against informant vide CR No.230 of 2020 with the
same police station for offences under Sections 353, 504, 506 of IPC
for abusing and threatening public servant and restricting them in
discharge of duty.
4.Learned APP submitted that complainant has alleged that the
applicants were in house on the date of incident. The ornaments
were missing from the cupboard of complainant. Several
opportunities were given to the applicants to return the ornaments
and as a matter of last resort the FIR was registered. Prior to
registration of FIR the complainant had forwarded written
complaints to Shahpur Police Station and Sub Divisional Police
Officer on 27th May 2021 and 2nd July 2021. The complaint dated
3 of 3 10.ABA.2198.2021.doc
27th May 2021 states that door of bed room was closed when the
informants had entered into the house. In spite of knocking the door,
the applicants did not open the same. Thereafter he noticed that
cupboard was open. Custodial interrogation of the applicants is
necessary to recover gold ornaments stolen by the applicants.
5.The averments in the complaint referred to by learned APP
that door of bed room was closed from inside and the accused did
not open the same, is not reflected in the FIR. The ornaments were
suspected to have been stolen on 19th May 2021. Thereafter the
complainant has allegedly forwarded written complaints and the FIR
was registered on 20th July 2021. The applicants are boys. They are
students. There are no criminal antecedents. Merely on suspicion
and in the absence of any cogent material, the applicants cannot be
subjected to custodial interrogation. Hence, I pass following order :
ORDER
(i)Anticipatory Bail Application is allowed and disposed of;
(ii)In the event of arrest of applicants in CR No. 307 of 2021
registered with Shahpur Police Station, the applicants be released on
bail on their executing PR bond in the sum of Rs.20,000/- each with
one or more sureties in the like amount;
(iii)The applicants shall appear before Investigating Officer on
14th, 15th and 16th September 2021 between 11 am and 1 pm.
(PRAKASH D. NAIK, J.)
MST
1 issue framed by the court
Whether anticipatory bail should be granted to the applicants alleging false implication in a theft case.
1 provisions across 1 enactments
Atharva Atul Gujare and others
The State of Maharashtra
PRAKASH D. NAIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court