Bombay High Court
Rushikesh Ramesh More vs The State Of Maharashtra on 30 April, 2021
Equivalent citations: AIRONLINE 2021 BOM 1478
Author: Sadhana S. Jadhav
Bench: Sadhana S. Jadhav
12.ba13335.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1335 OF 2021
Rushikesh Ramesh More. ... Applicant
V/s.
State of Maharashtra. ... Respondent.
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Mr. Prashant M. Patil, advocate for applicant.
Ms. P.P. Shinde, APP for State.
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CORAM : SMT. SADHANA S. JADHAV.
DATE : APRIL 30, 2021.
(Through Video Conferencing)
P.C.
1 Heard the learned Counsel for the applicant and the
learned APP for State.
2 This is an application under section 439 of the Code of
Criminal Procedure, 1973 seeking enlargement on bail. The applicant
herein is arrested on 14/8/2020 in Crime No. 190 of 2020 registered
at Ghodegaon Police Station, Pune Rural for offence punishable under
section 302, 201, 397, 364 read with section 34 of the Indian Penal
Code. The investigation is completed and charge-sheet is filed.
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3 It is the case that one Balu Lande had lodged a missing
complaint in respect of his brother Sudam Lande @ Appa. It was
contended that on 22/6/2020 the applicant was informed by his wife
that Sudam had left the house at about 5 p.m. and had not returned.
On the basis of the said report, missing Complaint No. 12 of 2020 was
registered.
4 On 13/8/2020 Akshay Sudam Lande, son of the missing
person lodged a report at the police station alleging that on 25/6/2020
he was telephonically informed that a dead body of Sudam Lande was
found at Walunjwadi. The body was sent for autopsy. All the relatives
were present for funeral. It is contended in the FIR that Vicky Erande
was missing ever since the dead body of Sudam Lande was found.
The report was lodged at the police station and on 13/8/2020. They
were called by Manchar Police station and informed that the golden
chain adorned by the deceased on 22/6/2020 and Rs. 3000/- to
4,000/- were missing and that the police have found Rishikesh More
i.e. present applicant who had come to call Sudam Lande on
22/6/2020 and it has transpired that Vicky Erande had asked the
present applicant to call Sudam Lande and they had taken him
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alongwith him to forest area. It had also transpired that Vicky Erande
had assaulted Sudam with hammer and had taken away his golden
chain and money. On the basis of the said report, the applicant was
arrested on 14/8/2020.
5 Learned Counsel for the applicant submits that in fact,
Sudam Lande was missing since 22/6/2020, whereas FIR is lodged on
13/8/2020. That the allegation of the assault is against Vicky Erande.
The only role assigned to the applicant is that he has come to call
Sudam Lande on 22/6/2021. The statement of Dynaneshwar Baban
Lande were recorded and he had stated that one unknown boy had
come to call Sudam and that they had seen one boy going towards
Manchar alongwith Sudam Lande.
6 Prima facie, it appears that the applicant was arrested on
suspicion. In any case, investigation is completed and charge-sheet is
filed. Hence, the applicant deserves to be enlarged on bail. Hence,
following order is passed :
ORDER
(i) The application is allowed.
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(ii) The applicant be enlarged on bail on furnishing P.R. Bond
in the sum of Rs. 25,000/- with one or more solvent sureties in the like amount.
(iii) The applicant shall not tamper with the evidence.
(iv) The application is disposed of accordingly.
(SMT. SADHANA S. JADHAV, J)
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