High Court of Bombay granted bail to the applicant in a dacoity case (IPC 395, 120B) after investigation was completed despite lack of recovered material or video evidence.
Applicant released on bail via PR bond of Rs.50,000 with sureties, subject to reporting to Hadapsar Police Station every Sunday and other restrictive conditions.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3866 OF 2023
Shaka Kapursing Tak .Applicant
Versus
The State of Maharashtra
.Respondent
Mr. Ganesh Gole i/b. Mr. Ateet Shirodkar, Advocate, for the Applicant.
Ms. S. S. Kaushik, APP, for the Respondent – State. Mr. A. S. Chorage, P.S.I., Karad City Police Station, Karad, District – Satara, present.
CORAM: MADHAV J. JAMDAR, J. DATE: 20.02.2024
P. C.
Applicant and Ms. Kaushik, learned APP appearing for the Respondent-State.
439 of the Code of Criminal Procedure, 1973. The relevant details
are as follows:-
| 1. C. R. No. | 731 of 2023 |
|---|---|
| 2. Date of registration of F.I.R. | 10.07.2023 |
| 3. Name of Police Station | Karad Police Station, Satara |
| 4. Sections invoked | 395 & 120B of the Indian Penal Code, 1860 |
| 5. Date of incident | 10.07.2023 |
| 6. Date of arrest | 16.07.2023 |
| 7. Date of fling of Charge-sheet | 12.10.2023 |
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for the Respondent – State strongly opposes the Bail Application. She submitted that the car used in the alleged crime is a stolen car. There is recovery of a motor-cycle at the instance of the Applicant. There are six antecedents.
“5) Considering submissions made before me, perusal of record, it is evident that the accused is facing accusation of committing offence under sections 395, 120B of Indian Penal Code. It has been urged before me by the learned counsel for accused that, the physique of applicant is not refecting in FIR. According to him, the photos of bungalow in question had been already self uploaded by the complainant, which are easily available on Google Maps, therefore contention of prosecution that, one of the accused was found photos in his mobile about the said property, is of no real consequence. According to him, CCTV cameras though installed in an around the property in question, however
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footage thereof are not annexed to the charge-sheet. Neither TI parade was recorded of any of the accused nor there was proper identifcation of them, when nothing specifc to the crime had been seized from applicant/accused. It may be recalled that, though the arrested accused were suffciently interrogated, however neither golden ornaments nor cash muddemal had been recovered from the accused, despite fling charge-sheet, showing apathy of investigation agency. 6) Invocation of Section 395 of IPC is seriously questioned on behalf of the learned defence counsel, since no weapons had been recovered which was employed in the crime. It is evident that, dacoity is a group robbery involving the use of weapons or threats to steal property. Therefore, in the light of aforesaid, it can be said that, when dangerous weapon like knives have not been recovered, the very aspect of invocation of Section 395 of IPC is questionable.”
The above observations are also applicable to the present Applicant.
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that learned Additional Sessions Judge has specifcally observed that C.C.T.V. footage shows presence of the Accused on the spot where the incident in question had taken place.
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O R D E R
(a) The Applicant – Shaka Kapursing Tak be released on bail in connection with C. R. No.731 of 2023 registered with the Karad Police Station, Taluka – Karad, District – Satara on his furnishing P. R. Bond of Rs.50,000/- with one or two solvent sureties in the like amount.
(b) The Applicant shall not enter the Satara district after being released on bail, except for reporting to the Investigating Offcer, if called and for attending the trial.
(c) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case of any change thereto.
(d) The Applicant shall report to the Hadapsar Police Station, District – Pune 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 Hadapsar Police Station, District – Pune to communicate details thereof to the Investigating Offcer.
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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.
(f) The Applicant shall not tamper with the prosecution evidence and shall not contact or infuence the Complainant or any witness in any manner.
(g) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(h) The Applicant shall surrender his passport, if any, to the Investigating Offcer.
facie, and the trial Court shall decide the case on its own merits, uninfuenced by the observations made in this order.
[MADHAV J. JAMDAR, J.]
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2 issues framed by the court
Whether the applicant should be released on bail in a dacoity case where investigation is complete but no material evidence was recovered from him.
Whether the absence of CCTV footage showing the applicant's presence and lack of Test Identification Parade impacts the grant of bail.
2 provisions across 2 enactments
Shaka Kapursing Tak
The State of Maharashtra
MADHAV J. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
