Regular bail application for theft of motorcycles and valuables; two stolen vehicles recovered at applicant's instance and investigation ongoing with charge-sheet expected within two weeks. Court held bail could not be granted at this stage, rejected the application, and permitted a fresh application after filing of the charge-sheet.
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.
922. BA 845-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.845 OF 2024
Shashikant Pratap Kakade
.Applicant
Versus
The State of Maharashtra
.Respondent
Mr. Amit Icham, Advocate, for the Applicant.
Ms. Supriya Kak, APP, for the Respondent – State.
Mr. B. R. Gosavi, PSI ADC Crime Branch, Pimpri-Chinchwad, present.
CORAM:MADHAV J. JAMDAR, J. DATE :01.03.2024
P. C.
1. Heard Mr. Icham, learned Counsel appearing for the Applicant
and Ms. Kak, learned APP appearing for the Respondent – State.2. In this case, the Applicant is seeking regular bail under Section
439 of the Code of Criminal Procedure, 1973 for the offence
punishable under Section 379 of the Indian Penal Code, 1860
registered with the Chakan Police Station, District – Pune.
3. It is the contention of Mr. Icham, learned Counsel appearing for
the Applicant submits that the date of incident is 27.08.2021 and that
the Applicant was arrested on 05.01.2024.
4. Ms. Kak, learned APP appearing for the Respondent – State
submits that during the investigation, it was found that a big racket of
selling vehicle is active and the Applicant was apprehended for theft of
Page No. 1
Anand
922. BA 845-2024.doc
motor-cycles and other valuables like expensive smartphones. Two
vehicles have been seized from the custody of the Applicant. She
submits that investigation is in progress and Charge-sheet will be filed
within two weeks from today.
5. Accordingly, at this stage, bail cannot be granted, as investigation
is in progress. Prima facie, two stolen vehicles have been recovered at the instance of the Applicant.6. The Bail Application stands rejected and disposed of.
7. It is clarified that the Applicant is at liberty to file a fresh Bail
Application after filing of the Charge-sheet either in this Court or in the
Trial Court.
[MADHAV J. JAMDAR, J.]
Page No. 2
Anand
1 issue framed by the court
Whether regular bail under Section 439 CrPC should be granted to the applicant arrested for theft under Section 379 IPC while investigation was in progress.
2 provisions across 2 enactments
Shashikant Pratap Kakade
The State of Maharashtra
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court