Ravi @ Laliya @ Lalu Devilal Phuleri vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Ravi @ Laliya @ Lalu Devilal Phuleri vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail in connection with Crime No. 380 of 2022 (Dindori Police Station, Dist.-Nashik) on executing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount; applicant to attend the concerned Police Station twice a month (first and third Saturday, 11:00 a.m. to 1:00 p.m.) till conclusion of trial; applicant shall not commit any other crime of similar nature.

Issue for consideration

Whether the applicant should be released on regular bail in Crime No. 380 of 2022 (Dindori Police Station, Dist.-Nashik), for offences under Sections 395, 342, 504, 506 IPC, 1860 and Sections 3 read with Section 25 of the Arms Act, notwithstanding the prosecution's reliance on recovery of ornaments and three criminal antecedents, given that no test identification parade was conducted.

Court's answer

The court decided to release the applicant on bail because, although the applicant was not known to the complainant or the witnesses, the prosecution had not conducted a test identification parade.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), single-judge order: regular bail granted to Ravi @ Laliya @ Lalu Devilal Phuleri in Crime No. 380 of 2022, Dindori Police Station, Dist.-Nashik (Sections 395, 342, 504, 506, Indian Penal Code, 1860; Sections 3 read with Section 25, Arms Act). Alleged incident of 12-11-2022: entry into the complainant's house with deadly weapons and taking away of ornaments worth Rs. 17,34,400. Bail granted because no test identification parade was conducted although the applicant was unknown to the complainant and witnesses, despite the prosecution's submission of recovery of gold ornaments at the applicant's instance and three criminal antecedents; defence pointed out acquittal in two crimes. Conditions: P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount; attendance at the concerned police station twice a month (first and third Saturday, 11:00 a.m. to 1:00 p.m.) till conclusion of trial; no commission of any other crime of similar nature.

906-BA-36-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 36 OF 2025

Ravi @ Laliya @ Lalu Devilal Phuleri ...Applicant Versus The State of Maharashtra ...Respondent

Mr. Aniket Vagal and Ms. Savvy Kolhekar a/w Mr. Kunal Pednekar, Advocate for the Applicant.

Mrs. G. P. Mulekar, A.P.P. for the Respondent – State.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No.380 of

2022 registered at Dindori Police Station, Dist.-Nashik for the offences punishable under Sections 395, 342, 504, 506 of the Indian Penal Code, 1860 and Sections 3 read with Section 25 of the Arms Act.

According to the complainant, on the date of incident

which took place on 12-11-2022, the present applicant and other co-accused entered into his house with deadly weapons.

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They threatened him and other witnesses and took away ornaments worth Rs.17,34,400.

The applicant was not known to either complainant or to the witnesses. In spite of that the prosecution has not conducted test identification parade.

The learned A.P.P. submits that there is a recovery of gold ornaments at the instance of the present applicant. It is submitted that there are three criminal antecedents against the present applicant.

The learned counsel for the applicant submits that the applicant has already been acquitted in two crimes.

In absence of test identification parade, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.380 of 2022 registered at Dindori Police Station, Dist.-Nashik for offences punishable under Sections 395, 342, 504, 506 of the IPC, 1860 and Sections 3 read with Section 25 of the Arms Act, on executing P.R. Bond in the sum of Rs.25,000/-

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with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station twice in a month i.e. on first and third Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) The applicant shall not commit any other crime of similar nature.

(v) Application stands disposed of accordingly.

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