Bombay High Court
Revannath Prabhakar Jadhav vs State Of Maharashtra And Anr on 1 March, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:10613
Talwalkar 1 of 6 14.BA-4183-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 4183 OF 2023
Revannath Prabhakar Jadhav ..Applicant
Versus
The State of Maharashtra & Anr ..Respondents
______
Mr. Salman Kadir Pathan, a/w. Mr. Sanket S. Salunkhe, Ms.
Namrata S. Ahiwale & Ms. Mansi Govind Swami, for Applicant.
Ms. Pallavi N. Dabholkar, APP for State/Respondent.
______
CORAM : SARANG V. KOTWAL, J.
DATE : 1 MARCH 2024
P.C. :
1. The Applicant is seeking bail in connection with
C.R.No. 296 of 2019 registered at Yawat Police Station, Pune
under sections 392, 395, 353, 363, 365, 341 read with section 34
of the Indian Penal Code and under sections 3(1)(ii), 3(4) of the
Maharashtra Control of Organised Crime Act, 1999 ("MCOC Act").
2. Heard Mr. Pathan, learned Counsel for the applicant
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and Ms. Dabholkar, learned APP for the State.
3. The learned Counsel for the applicant submitted that
the applicant had earlier approached this Court for release on bail
vide Criminal Bail Application No. 1695 of 2021. It was rejected
vide order dated 3rd March 2022 passed by a Co-ordinate Bench
(Coram : C.V. Bhadang, J who has since retired). Therefore, as per
the Notice dated 8th February, 2024 this matter lies before this
Bench.
4. Learned APP accepts this position and therefore, I am
deciding this application.
5. The prosecution case is that on 26th March, 2019, the
first informant Ramprasad Rathod was a driving truck within the
jurisdiction of Yawat Police Station at around 9.30 p.m. He was
carrying 31 tons of wheat from Rajasthan to Goa. There was
another driver Nandlal Thakur with him. The truck was
intercepted by a Wagon -R car and three unknown persons climbed
in the truck. Mobile phones of the drivers were taken by them.
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They were taken at some distance and they were asked to get
down. The truck was taken to District Solapur. Wheat was sold to
shop owners. Subsequently, the applicant and others were
arrested. The applicant was arrested on 1st April, 2019 and since
then he is in custody. During the investigation, provisions of the
MCOC Act were applied and charge-sheet was filed.
6. The previous order passed by the Coordinate Bench
mentioned that the applicant's role was on the same footing as one
Sachin Gajage. The said co-accused is granted bail by the Hon'ble
Supreme Court after the applicant's bail application was rejected
by the previous order dated 3 rd March, 2022. The learned Counsel
submitted that there are two circumstances against the present
applicant. First is that, he was identified by both the drivers in the
test identification parade and the second is that, there was
recovery of 305 gunny bags of wheat, recovery of the truck and
Scorpio vehicle at his instance.
7. Learned Counsel submitted that inspite of these
circumstances, now the applicant deserves to be released on bail
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because his co-accused are granted bail by the Hon'ble Supreme
Court and various Benches of this court mainly on the ground that
those accused were in custody for long period as the trial has not
commenced. Learned Counsel referred to the Order passed by this
Court on 17/1/2024 in Criminal Bail Application No. 3969 of 2023
in the case of Shekhar Shinde. He referred to the observation that
the co-accused Sachin Gajage and Sagar Chavan were released on
bail. The applicant is claiming parity.
8. Leaned APP opposed this submission. She referred to
the affidavit filed by the Investigating Officer. However, she could
not submit as to when trial is likely to commence and when it is
likely to end.
9. I have considered these submissions. As rightly
submitted by the learned Counsel for the applicant, the principles
of parity apply in the case of the applicant. As mentioned earlier,
there are circumstances of recovery of the vehicles and he was also
identified, but the order of the Hon'ble Supreme Court in the case
of Sachin Gajage shows that the bail was granted to him because
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he was in custody for more than 3 and ½ years. The present
applicant is also in custody for a period longer than that. In this
view of the matter and on the ground of parity, the applicant also
deserves to be released on bail. However, the same condition as
imposed on the co-accused Sachin Gajage can be imposed on the
present applicant.
10. Hence, the following order :
ORDER
i) The applicant is directed to be released on bail in connection with C.R. No. 296 of 2019 registered with Yawat Police Station, Pune on his executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
ii) The applicant shall not enter the districts of Solapur, Satara, Sangli, Pune and Ahmadnagar unless he is required to attend any trial.
iii) He shall intimate his address, where he will be residing, to the Investigating Officer as well as to the Police Station of the area within which ::: Uploaded on - 05/03/2024 ::: Downloaded on - 10/03/2024 03:20:49 ::: 6 of 6 14.BA-4183-2023 jurisdiction he would reside. He shall report to that police station in the first week of every month.
iv) The Bail Application is disposed of accordingly.
(SARANG V. KOTWAL, J.) ::: Uploaded on - 05/03/2024 ::: Downloaded on - 10/03/2024 03:20:49 :::