Allowed

Dipak P Mali v. the State of Maharashtra

Bombay HC10 Apr 2024BA/1905/2023

Case brief

AI extract

What is this about?

Single judge permitted the applicant to be released on bail under Section 439 CrPC for chain-snatching charges. The court imposed strict conditions including non-residence in Pune, bi-weekly reporting to police in Ahmednagar, and surrender of passport, noting the applicant had 24 antecedents.

What did the court decide?

The applicant was released on bail by furnishing a Personal Bond of Rs.50,000 with sureties, subject to conditions including residence outside Pune and reporting to the local police.

Dipak P Mali Vs the State of Maharashtra — Constitutional and Fundamental Rights | Bombay HC (2024)

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501-BA-1905-2023.DOC

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2024:BHC-AS:16837

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1905 OF 2023

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Dipak P. Mali…Applicant
Versus

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The State of Maharashtra…Respondent

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Ms. Sana Raees Khan a/w. Mr. Aditya Parmar, Mr. Abhijeet Singh
and Ms. Ruchita Rajpurohit, Advocates, for the Applicant.
Ms. S. S. Kaushik, APP, for the Respondent-State.

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Mr. Rajkumar Kendre, A.P.I., Chatushring Police Station, Pune,
present.

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CORAM: MADHAV J. JAMDAR, J. DATED : 10^th APRIL 2024

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PC:-

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1. Heard Ms. Khan, learned Counsel for the Applicant and Ms.

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Kaushik, learned APP for the Respondent-State.

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2. This regular Bail Application is preferred under Section 439

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of the Code of Criminal Procedure, 1973. The relevant details are
as follows:-

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`1.C. R. No.`	`253 of 2021`
`2.Date of registration of F.I.R.`	`27/05/2021`
`3.Name of Police Station`	`Chaturshringi, Pune`
`4.Section/s invoked`	`392 r/w. 34 of the Indian`

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Page 1 of 7

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Sonali

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501-BA-1905-2023.DOC

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	`Penal Code, 1860`
`5.Section/s invoked in Charge-` `sheet`	`3(1) (ii), 3(2), 3(4) of the` `MCOC Act, 1999`
`6.Date of incident`	`27/05/2021`
`7.Date of arrest`	`05/06/2021`
`8.Date of filing of Charge-sheet`	`13/08/2021`

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3.As per the prosecution case, two persons were riding on a
motorcycle and they snatched the chain of the complainant. It is
the contention of Ms. Khan, learned Counsel for the Applicant that
the role attributed to the present Applicant is that he was riding
the said motorcycle while the pillion rider snatched the chain of
the complainant. She submitted that the Applicant was arrested on
27th May 2021 and although the Applicant is incarcerated since
about 3 years, there is no progress in the trial and even the charge
is also not framed yet. She submitted that although the F.I.R. was
lodged against unknown persons, even the Test Identification
Parade (“T.I. Parade”) has not been conducted. As far as
antecedents are concerned, she submitted that the Applicant has
been granted bail in all cases and that he has not been convicted in
any of the cases.

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Page 2 of 7

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Sonali

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501-BA-1905-2023.DOC

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4.On the other hand, Ms. Kaushik, learned APP for the
Respondent-State strongly opposed the Bail Application. She
submitted that in the C.C.T.V. footage, the motorcycle which is
seen, is recovered at the instance of the present Applicant. She
submitted that said motorcycle is also a stolen one. She submitted
that T.I. Parade has been conducted. However, the Complainant has
not identified the Applicant. She submitted that there are 24
antecedents and therefore, the Bail Application be rejected.

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5.Perusal of the record shows that, in the present case, the
incident in question occurred on 27th May 2021, F.I.R. was lodged
on 27th May 2021, the Applicant was arrested on 5th June 2021
and, Charge-sheet was filed on 13th August 2021. There is no
progress in the trial and even the charges are also not framed yet.
As per the Charge-sheet, there are 47 witnesses proposed to be
examined by the prosecution. The trial is unlikely to conclude any
time soon and is likely to take a considerably long time.

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6. Although, it is the contention of Ms. Kaushik, learned APP

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that the motorcycle which is seen in the C.C.T.V. footage, is

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Page 3 of 7

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Sonali

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501-BA-1905-2023.DOC

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recovered at the instance of the present Applicant, the
Complainant has not identified the present Applicant.

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7.Although the provisions of the Maharashtra Control of
Organised Crime Act, 1999 (“MCOC”) have been invoked, all
offences are of chain- snatching and therefore, prima facie rigors of
Section 21(4) of the MCOC will not apply.

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8.As there are 24 antecedents of chain-snatching registered
with various Police Stations in Pune District, Ms. Khan, learned
Counsel for the Applicant after taking instructions, states that the
Applicant will therefore not reside within District - Pune and that
the Applicant will reside at C/o. Ms. Preeti Ohal (Mobile
No.7249390102), 3PV +4VF, Manik Chowk Road, near Asha
Multiplex, Nalegaon, Ahmednagar, Maharashtra 414 001.

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9. The Applicant does not appear to be at risk of flight.

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10.Accordingly, the Applicant can be enlarged on bail by
imposing conditions.

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11.In view thereof, the following order:-

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Page 4 of 7

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Sonali

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501-BA-1905-2023.DOC

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O R D E R

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(a)The Applicant – Dipak P. Mali be released on bail in
connection with C.R. No.253 of 2021 registered with
the Chaturshringi Police Station, District - Pune on his
furnishing P.R. Bond of Rs.50,000/- with one or two
local solventsureties in the like amount, if not
required in any other cases.

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(b) The Applicant shall not enter the Pune district after being released on bail, except for reporting to the Investigating Officer, if called, and for attending the trial.

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(c) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

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(d) The Applicant shall report to the Kotwali Police Station, District - Ahmednagar twice a week on every

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Page 5 of 7

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Sonali

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501-BA-1905-2023.DOC

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Monday and Thursday between 11.00 a.m. and 1.00
p.m. for a period of six months and thereafter, once
every week, on every Sunday between 11.00 a.m. and
1.00 p.m. till the conclusion of the trial. The Police
Inspector of Kotwali Police Station, District -
Ahmednagar to communicate details thereof to the
Investigating Officer.

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(e)The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.

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(f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

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(g) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

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Page 6 of 7

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Sonali

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501-BA-1905-2023.DOC

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(h) The Applicant shall surrender his passport, if any, to

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the Investigating Officer.

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12. The Bail Application is disposed of accordingly.

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13.It is clarified that the observations made herein are prima
facie, and the Trial Court shall decide the case on its merits,
uninfluenced by the observations made in this order.

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[MADHAV J. JAMDAR, J.]

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Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 10/04/2024 18:07:03 Sonali

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Dipak P Mali v. the State of Maharashtra

Case brief

What is this about?

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Dipak P Mali v. the State of Maharashtra

Case brief

What is this about?

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