Bombay High Court
Sunny Prakash Gondhalii vs The State Of Maharashtra on 8 February, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
37-ABA(st) 4660-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION(ST) NO. 4660 OF 2020
Sunny Prakash Gondhali .... Applicant
Versus
The State of Maharashtra .... Respondent
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Mr. Satyavrat Joshi i/b Nitesh Mohite for the applicant.
Mrs. J.S. Lohokare, APP for the State/Respondent.
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CORAM :SARANG V. KOTWAL, J.
DATE :8th FEBRUARY 2021 P.C. :
1. The Applicant is seeking anticipatory bail in connection with C.R.No. 253 of 2020 registered with Gandhinagar Police Station, Kolhapur under sections 379, 201, 429 r/w 34 of the Indian Penal Code.
2. The FIR is lodged by one Maruti Ananda Jog. He has stated that he was having 100 goats He is a shepherd. He takes his goats for grazing at various places. On 2/9/2020, he had taken his goats to y.s.patil 1 of 4 ::: Uploaded on - 11/02/2021 ::: Downloaded on - 26/08/2021 21:48:17 ::: 37-ABA(st) 4660-2020.odt Mudshingi Forest. He was accompanied by his servant Pintu Belage. On 3/9/2020, at about 10.00 p.m. when he had taken his goats for grazing, at that time, at around 10.30 a.m., two persons approached him on a two wheeler. They demanded Rs.5000/- for allowing his goats for grazing in that area. The informant declined. Two persons went away. In the meantime, the informant had gone to get his brother-in-law Nagesh Shetke. When he came back, Pintu Belgae told him that the two persons had who had met them earlier, had come again and had taken away one goat forcibly. The informant verifed this.
He saw that one goat was missing and therefore he lodged this FIR.
3. The investigation was carried out. In the investigation, statement of Pintu Belgae was recorded. He has stated that these two persons has stolen one goat. The investigating agency has recorded statement of one Amar Tade. His statement shows that on that day, after stealing the goat, the applicant and two other accused y.s.patil 2 of 4 ::: Uploaded on - 11/02/2021 ::: Downloaded on - 26/08/2021 21:48:17 ::: 37-ABA(st) 4660-2020.odt namely Supreme Satpute and Umesh Sawant slaughtered that goat and gave it to this witness Amar Tande for making small pieces.
4. Shri Joshi, learned Counsel for the applicant submitted that the applicant is falsely implicated. His custodial interrogation is not necessary. Co-accused are released on bail.
5. The learned APP opposed this application on the above statements.
6. I have considered these submissions. The investigating agency has sufcient material with them to show the applicant's involvement. The applicant had not only committed theft of that goat but had unauthorisedly slaughtered it. The other accused are granted regular bail and not anticipatory bail. Therefore parity will not apply in favour of the applicant.
Considering the applicant's role, his custodial
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interrogation to fnd out more details about the ofence is necessary. His act, in any case, is clearly made out from the material collected by the investigating agency.
7. The learned APP submitted that there are four antecedents against the present applicant, viz. C.R. No. 25/2014, 45/2014, 135/2017 and 137/2017, registered at Gandhinagar Police Station.
8. Shri Joshi submitted that the applicant is acquitted from C.R. No. 25/2014 and 45/2014. The ofence registered vide C.R. No. 138/2017 is still pending. It is registered under section 307 of the Indian Penal Code, which is a serious ofence. Therefore considering these antecedent and material collected against the present applicant, he cannot be protected by an order of anticipatory bail.
9. The application is rejected.
(SARANG V. KOTWAL, J.)
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