In this anticipatory bail application, the court rejected the petition. The bench observed that the alleged offence was committed in a brazen manner involving threat and force upon seizure of a truck, which disentitled the applicants to relief. Previous release of co-applicants was noted but not considered sufficient.
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.
Urmila Ingale
908-aba-417-23.odt
Digitally signed URMILA by URMILAPRAMOD PRAMOD INGALE INGALE Date:2023.02.22 15:25:16 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 417 OF 2023
State of Maharashtra ..Respondent
Mr. Ritesh M. Thobde a/w Mr. Sagar S. Tambe, for the Applicants.
Mr. S. H. Yadav, APP for the State.
Mr. S.H. Adling, Solapur Taluka Police Station present.
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 15, 2023
1. Heard learned counsel for the applicants and learned
APP.
2. This is an application for pre-arrest bail. The applicants are apprehending arrest in connection with C.R.No.417 of 2022 dated 03/06/2022 registered with Solapur Taluka Police Station for offence punishable under sections 353, 379, 506, 392, 34 of the Indian Penal Code, 1860.
3. The FIR is dated 03/06/2022. It is alleged that on
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02/06/2022, the informant (Circle Officer) along with Talathi of Tirhe village and police constable Shri Nanaware left for patrolling duty to take action against illegal transport of sand. They saw one truck carrying goods on road proceeding from Tirhe village to Solapur. They gave indication to the truck to stop. The truck driver did not stop. He drove the vehicle in high speed. The officials chased the truck and stopped it near new bypass road at about 10.05 a.m. The driver and cleaner of vehicle ran away. The officials found 5 brass sand valued at Rs.40,000/- in that truck. It was seized by preparing panchanama in the presence of two panchas. While preparing the panchanama, 4 unknown persons came on two motorcycles near these officials. One of them threatened the informant with dire consequences and forcibly took away the truck. The three unknown persons left. Therefore the offence is registered.
4. The brazen manner in which the offence is alleged to be committed, that too upon seizure of the truck, during the course of panchanama, the 4 persons which included the applicants took away the truck disentitles the applicants to
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relief. This is the reason why I am not persuaded to exercise discretion in favour of the present applicants. Learned counsel for the applicants submitted that two other applicants have been released on regular bail by the Sessions Court. I am not impressed with this submission. The applicants are at a liberty to apply for regular bail. The application is rejected.
(M. S. KARNIK, J.)
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2 issues framed by the court
Whether to grant anticipatory bail to the applicants in view of the allegations of a brazen manner of committing the offence.
Whether the release on regular bail of two other applicants is a relevant consideration.
1 provisions across 1 enactments
Santosh Tanaji Raut
Shivanand Bhiva Dalvi
State of Maharashtra
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
