Bombay High Court
Virendrakumar S/O Sukhlal Bhalavi vs State Of Mah. Thr. Pso Ps Virur ... on 5 May, 2021
Author: S.M. Modak
Bench: S. M. Modak
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO.227 OF 2021
Virendrakumar S/o Sukhlal Bhalavi
VS.
The State of Maharashtra, PSO, PS Virur, Tah. Rajura Dist. Chandrapur
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
Appearances, court's
orders or directions and
Registrar's orders
Shri Prawin Agrawal, Advocate for the applicant.
Ms. H.N. Jaipurkar, APP for the respondent/State.
CORAM : S.M. MODAK, J.
DATE : 05.05.2021.
Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.
2. Heard Shri Pravin Agrawal, learned Advocate for the applicant/accused and Ms. H.N. Jaipurkar, learned APP for the respondent/State.
3. During the arguments, certain defects in the investigation were pointed out to me. It includes not naming the applicant in the First Information Report. Even though, the first informant was knowing the accused earlier to the incident. It includes not conducting Test Identification Parade even though, there is a reference in ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 09:30:03 ::: 2/4 10 ba 227.21.odt some of the papers like rejection of bail application by the Sessions Court and by the learned APP, in charge of the case. It also includes not conducting Test Identification Parade for the articles which were alleged to be seized at the instance of the applicant. It also includes not producing the medical report of the applicant even though there is allegations of biting by first informant.
4. The prayer for bail is opposed by learned APP for the respondent/State on the ground of seizure of incriminating articles on the instance of the applicant and applicant being resident of Madhya Pradesh and unlikely to be available for trial.
5. I have perused the papers with help of the both the sides. The mother of the first informant Martin Chinupati was assaulted and thrown in a well on 13.06.2019 at about 2.00 AM in the midnight. There was house trespass committed and articles like LCD TV, Mobiles, and ornaments were stolen. Martin Chennupati lodged the report on 13.06.2019 at Virur Police Station, Chandrapur. On the report of complainant Police registered an offence under Sections 459, 457 and 380 of the Indian Penal Code and Section 307 of the Indian Penal Code is added after the learned Additional Sessions Judge, Chandrapur has opined why same section is not added while rejecting the bail application on 1.08.2019.
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6. It is true that at the instance of this applicant, police have seized one micro max mobile and two golden tops. It is on 27.06.2019. It is from his house. So also the police have seized the LCD TV, Set Off Box and one mobile during plain house search on 24.06.2019.
7. It is also true that the applicant has worked as a labour with the injured three months back and injured was knowing him. It is told that yet trial has not started for almost two years. The above materials show the involvement of the applicant. Whatever may be the defects, the applicant can get the benefit at the time of trial. However, trial is yet to be started. The detention of the applicant behind the bar is not required. His presence can be secured. Hence, I am inclined to grant bail. Hence the order:-
a) The application is allowed.
b) Applicant- Virendrakumar S/o Sukhlal Bhalavi is released on bail on furnishing personal bond and surety bond of Rs.30,000/-
(Rs. Thirty Thousand Only).
c) The applicant is directed to give local surety from District Chandrapur.
d) The applicant is directed not to threaten or tamper prosecution witnesses in any manner.
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e) The applicant is directed to give attendance to Virur Police Station, Tah. Rajura District Chandrapur on first Monday of every month from 10.00 AM to 12.00 Noon until completion of trial.
f) The application is disposed of.
(S.M. Modak, J.) Manisha ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 09:30:03 :::