In a bail application under Section 379 IPC for theft of mobile tower batteries, the Court found the investigation complete and the property unrecovered. It held further detention unwarranted and granted bail upon furnishing of a bond and sureties.
The applicant be released on bail in C.R.No.216 of 2021 on furnishing a bond of Rs.15,000 and two 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.
SWAROOP Digitally signed bySWAROOP SHARAD SHARAD PHADKE PHADKE Date: 2022.07.0820:28:22 +0530
41 ba 382 of 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.382 OF 2022
Manik Gulab Kale …Applicant
versus
The State of Maharashtra …Respondent
Mr. Sharad Bhosale, for Applicant.
Ms. P.N.Dabholkar, APP, for State.
CORAM: N.J.JAMADAR, J.
DATE : 6th JULY, 2022
P.C.
1.The Applicant is arraigned in C.R.No.216 of 2021 registered with Barshi
Taluka Police Station for the offence punishable under Section 379 of the Indian Penal
Code, 1860, for having allegedly committed theft of batteries from the mobile towers.
2.Mr. Sujit Changdev Chaudhari, the first informant lodged a report with
the allegations that he works as a Technician with BPTL. BSNL mobile towers are
maintained by the said company. He was informed that three units of batters installed
on the mobile towers at Agalgaon, Tal. Barshi, were stolen. He visited the said spot
and found that 26 batteries were stolen. The Applicant came to be apprehended on
29th September, 2021. It seems that certain property unconnected with the aforesaid
crime was allegedly sold by the Applicant to Shubham P. Bhalwane, who produced the
said property under the Panchanama dated 4th October, 2021. The Applicant has since
then been in custody.
SSP 1/3
41 ba 382 of 2022.doc
3.The learned Additional Sessions Judge, Barshi was persuaded to reject
the Application as 8 to 9 crimes have been registered against the Applicant.
4.The learned Advocate for the Applicant attempted to explain away the
registration of the multiple crimes against the Applicant by canvassing a submission
that the Applicant has been implicated in a series of offences post arrest in one case.
In rest of the crimes, the Applicant has been released on bail.
5.I have perused the material on record. Prima facie, it does not appear
that pursuant to the discovery made by the Applicant stolen property has been
recovered.
6.Investigation is complete for all intent and purpose. Charge sheet is
filed. Further detention of the Applicant does not seem to be warranted.
7.Having regard to the nature of the offence and the fact that the Applicant
is in custody since 29th September, 2021, I am persuaded to exercise the discretion in
favour of the Applicant. Hence, the following order :
ORDER
(i)The Application stands allowed.
(ii)The Applicant – Manik Gulab Kale be released on bail in
C.R.No.216 of 2021 registered with Barshi Taluka Police Station, on furnishing a PR
bond in the sum of Rs.15,000/- and one or two sureties in the like amount, to the
satisfaction of the learned Magistrate, Barshi.
SSP 2/3
41 ba 382 of 2022.doc
(iii)The Applicant shall not tamper with the prosecution evidence
and/or give threat or inducement to any of the prosecution witnesses.
(iv)The Applicant shall regularly attend the proceedings before the
jurisdictional Court.
( N.J.JAMADAR, J. )
SSP
1 issue framed by the court
Whether to grant bail to the applicant who has been in custody during the investigation in a theft case.
1 provisions across 1 enactments
Manik Gulab Kale
The State of Maharashtra
N.J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court