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[Cites 7, Cited by 0]

Bombay High Court

Ravi Murti Tevar vs The State Of Maharashtra on 26 September, 2025

2025:BHC-AS:40998


                    Shivgan                                               17-BA-2179-2024.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                                   BAIL APPLICATION NO. 2971 OF 2024


                    Ravi Murti Tevar                                             ...Applicant
                          Versus
                    State of Maharashtra                                         ...Respondent


                    Mr Kamlesh N Gujar, for the Applicant.
                    Mr Kiran C Shinde, APP for the Respondent-State.
                    Mr A R Pathan, PSI attached to Sion Police Station,Mumbai
                         present.


                                               CORAM          DR. NEELA GOKHALE, J.
                                               DATED:         26th SEPTEMBER 2025
                    PC:-


                    1.        The Applicant seeks his release on bail in connection

                    with FIR No.95 of 2019 registered with the Sion Police

                    Station, Mumbai, for the offences punishable under Sections

                    395, 397, 342, 120B read with Section 34 of the Indian Penal

                    Code, 1860 ('IPC' for short) and Sections 3(1)(i), 3(2) and

                    3(4) of the Maharashtra Control of Organized Crime Act,

                    1999 ('MCOC' for short).




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 2.        It is the case of the prosecution that the Complainant

 was a manager of Pratishtha Wine Shop opposite Santosh

 Hotel in Sion, Mumbai. His task was to collect the money

 from the wine shop and deposit the same at Amrit Bar, Sion,

 Mumbai after closing the shop at night. On 26 th March 2019,

 after having collected the sale proceeds of the day, the

 Complainant wrapped an amount of Rs.3,40,000/- in a red

 colour plastic pack and placed it in the dicky of his motor-

 cycle. He and his servant were proceeding towards Amrit Bar

 and reached the said location at about 11.40 pm. The

 Complainant was thus, just reaching towards the plastic bag

 kept in his dicky when he was surrounded by several

 unknown persons. One of the unknown assailants pulled out

 the pistol and threatened the Complainant to give the said bag

 of money to him. The servant ran away in panic. The second

 assailant tried to grab the money bag but the Complainant

 resisted. During the scuffle, another assailant hit the hand of

 the Complainant with a 'koyta' (Sickle) and was successful in

 snatching the money bag. All of them ran away towards the




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 direction of the road. When the Complainant shouted for help,

 people from other shops came running. They identified the

 Honda City/Maruti Esteem car in which unknown assailants

 fled. Ultimately, the Complainant made a police complaint

 pursuant to which the said FIR was registered.



 3.        The Applicant filed a Bail Application in Special MCOC

 Court and by an order dated 23rd November 2022, the said

 Bail Application was rejected. In these circumstances, the

 Applicant has approached this Court for the reliefs as prayed.



 4.        At the very outset, Mr Kamlesh Gujar, learned counsel

 for the Applicant, has tendered an order dated 10 th March

 2025 passed by this Court in the bail application of co-

 accused. This Court has enlarged the co-accused on bail on

 certain conditions. He submits that the role attributed to the

 co-accused, who has been released on bail, is exactly similar

 to that of the Applicant. Hence, on the principle of parity, the

 present Applicant also deserves to be released on bail.




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 5.        On the last date of hearing, when I went through the

 order passed by the Co-ordinate Bench granting bail to the co-

 accused, it transpired that only Section 397 of the IPC was

 brought to the notice of the Court, as being charged against

 the accused. It was perhaps not pointed out that accused are

 charged even with Section 395 of the IPC, which carried

 maximum punishment of life imprisonment. The learned APP

 had thus, sought time to seek modification of the said order.



 6.        Accordingly, it appears that the APP moved the Co-

 ordinate Bench by a praecipe for Speaking to the Minutes of

 the order dated 10th March 2025. Accordingly, by an order

 dated 18th July 2025, the Co-ordinate Bench added the

 sentence as follows:



            "Section 395 of IPC provides punishment with
            imprisonment for life or rigorous imprisonment for a
            term which may extend to ten years, and shall also be
            liable to fine."


 7.        The Court was not moved to cancel the bail order of the

 co-accused.



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                        8.        In these circumstances, on the principle of parity, I am

                        inclined to grant bail to the present Applicant and it is ordered

                        as under:

                                                      ORDER

(i) The Applicant- Ravi Murti Tevar be released on bail in Crime No.95 of 2019 registered with Sion Police Station, Mumbai, on furnishing PR bond of Rs.30,000/- with one or two solvent sureties in the like amount;

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order;

(iv) The Applicant shall attend concerned Police Station as and when required;

(v) Application is allowed in the aforesaid terms.

(DR. NEELA GOKHALE, J) Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date:

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