Bombay High Court
Shekhar Subhash Shinde vs State Of Maharashtra And Anr on 17 January, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:2472
Nikita
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3969 OF 2023
Shekhar Subhash Shinde ..... Applicant
NIKITA
KAILAS
DARADE versus
Digitally signed by
NIKITA KAILAS
DARADE
Date: 2024.01.18
17:29:46 +0630
The State of Maharashtra and Anr. ... Respondents
Mr. Salman Pathan a/w Anshuman R. Asare a/w Sanket Salunkhe
a/w N. Pathan for the Applicant.
Ms. Mahalakshmi Ganapathy, APP for the State/Respondent.
Mr. Swapnil C. Jadhav Dy.Sp. Daund, Pune (I.O.) is present.
CORAM : SARANG V. KOTWAL, J.
DATE : 17th JANUARY 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, 363, 365, 347, 341 read with 34 of the IPC and under
Sections 3(1)(ii) and 3(4) of the Maharashtra Control of
Organized Crime Act, 1999.
2. Heard Mr. Salman Pathan, learned counsel for the Applicant
and Ms.Mahalakshmi Ganapathy, APP for the State.
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3. The prosecution case is that on 26th March 2019, the first
informant Ramprasad Rathod was driving a truck within the
jurisdiction of the Yawat Police Station at around 9.30 P.M.. He
was carrying 31 tonnes 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. The mobile phones of the drivers were
taken by them. They were taken at some distance and then they
were asked to get down. The truck was taken to District Solapur.
The wheat was sold to two 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 Maharashtra Control of
Organized Crime Act, 1999 were applied. The investigation was
completed and the charge-sheet was filed.
4. The Applicant had earlier preferred the Criminal Bail
Application No.911 of 2020. It was allowed to be withdrawn
unconditionally by this Court vide the order dated 18 th February
2021. After that, some of the co-accused were released on bail
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by the honourable Supreme Court and by different benches of
this Court. Therefore, the Applicant has preferred this
application on the ground of delay in trial and also on parity.
5. Learned counsel for the Applicant submitted that the
following circumstances are against him.
i) He was identified in a Test Identification Parade;
ii) He received money in his account after selling that
wheat, and;
iii) confessional statement of co-accused mentioning his
role.
6. He submitted that, though the Applicant was identified in
the parade by both the drivers; even Sachin Gajage was
identified, Sachin Gajage was granted bail by the Honourable
Supreme Court. The co-accused Sagar Chavan was also
identified in the parade. He is also on bail. Therefore, parity
applies to the present Applicant.
7. Learned APP, submitted that all these circumstance are not
exactly similar to those against the other co-accused. The receipt
of large amount in the Applicant's account after sale of the
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wheat is an additional circumstance which is only against the
present Applicant. On that ground she opposed the grant of bail
in this case. However, she could not make a statement as to
when the examination of witnesses would actually commence.
8. I have considered these submissions. The Applicant is in
custody since 1st April 2019. Almost four years and nine months
are passed. Honourable Supreme Court had released the
co-accused Sachin Gajage on bail, who had played similar role in
the offence. He was in custody for about three and a half years.
The role of the Applicant and the said co-accused Sachin Gajage
is similar, except that the Applicant has received money. But the
fact remains that the Applicant has spent more time in jail than
Sachin who is granted bail. Apart from that, the other
co-accused Sagar Chavan and Mangesh Chavan, who have
played major roles were also granted bail. The trial is not likely
to commence and conclude soon. Therefore, taking into account
all these facts, the Applicant deserves to be released on bail on
similar conditions as imposed by the Honourable Supreme Court
on the co-accused Sachin Gajage.
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9. 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 at Yawat Police Station, Pune, on his execution P.R. bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
(ii) The Applicant shall not enter the districts Solapur, Satara, Sangli, Pune, and Ahmednagar, unless he is required to attend any trial.
(iii) He shall intimate his address, where he will be residing to the Investigation Officer as well as to the Police Station of the area within which he would reside, and report to the said Police Station in the first week of every month.
(iv) The Bail Application is disposed of accordingly.
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