Bombay High Court
Sunil @ Chinnu Mahesh Walmiki vs State Of Maharashtra on 3 November, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:33436
PMB 7.ba.3094-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3094 OF 2023
SUNIL @ CHINNU MAHESH WALMIKI ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
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Adv. Aniket Ujjwal Nikam a/w Adv. Aashish I. Satpute a/w
Adv. Amit R. Icham for the Applicant.
Mr. N. B. Patil, APP for the State.
PSI M. J. Ghadage, Pen Police Station, Raigad.
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CORAM : M. S. KARNIK, J.
DATE : NOVEMBER 3, 2023
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail in respect of the offence
punishable under Sections 395, 397, 347, 412 of the Indian
Penal Code (hereafter 'IPC' for short), under Sections 4, 25
of Arms Act and under Sections 3(1)(ii), 3(2), 3(4) of the
Maharashtra Control of Organised Crime Act, 1999
(hereafter 'MCOCA', for short) registered on 29.12.2015
vide FIR bearing C.R. No.I-242 of 2015 with Pen Police
Station, Raigad.
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3. It is the case of the prosecution that the applicant is a
part of the Organized Crime Syndicate which is headed by
the gang leader - Ravi Ramesh Shinde. The prosecution
case in brief is as under :-
On 29.12.2015 at about 2.15 pm, the informant
Gopalkrishna Gopikrishna Gupta, working as Deputy Branch
Manager in Bank of Maharashtra, Branch - Varasai, Tal -
Pen, Dist - Raigad along with one bank peon namely Sandip
Shantaram Khot were going from Bank of Maharashtra, Pen
Branch to Varasai Branch in Minidoor Rickshaw bearing
No.MH-06-S-5495 along with one suitcase containing
Rs.25,00,000/-. At that time three unknown persons came
on two motorcycles and threatened the complainant with
the help of country made pistol and knife and robbed an
amount of Rs.25,00,000/- and three mobile phones and key
of Minidoor Rickshaw and ran away. Thereafter, the
complainant lodged the complaint vide C.R. No.242 of 2015
with Pen Police Station, Raigad for the offences punishable
under Sections 395, 397, 120(b) of IPC read with Sections
3, 25 of Arms Act.
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4. There are in all twelve accused. The applicant is the
accused No.3. The applicant was arrested on 26.01.2016.
5. Learned APP invited my attention to the affidavit-in-
reply filed on behalf of the respondent. The affidavit-in-
reply is affirmed by Shivaji D. Phadtare, Sub-Divisional
Police Officer, Sub-Division Pen, District Raigad. It is
submitted that during the course of the investigation,
memorandum statement of the present applicant was
recorded on 03.02.2016 and 08.02.2016 and as per his
memorandum panchnama, he produced Rs.10,000/- from
the robbed amount. It is the contention of learned APP that
though an amount of Rs.10,000/- was recovered, the
applicant is the beneficiary of the major part of the amount.
It is further submitted that the applicant has been identified
during the identification parade. The identification parade
was conducted after about three and a half months.
Learned APP further submitted that the applicant was
actively involved in the commission of the offence and the
present applicant is the one who threatened the peon
Sandip Khot and took away the suitcase having cash
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amount of Rs.25,00,000/- and mobile of the peon. The role
of the applicant is disclosed in paragraph 13 of the affidavit-
in-reply which reads thus :-
"I say that after that accused no.2 (Umar Salim Sharif), 3
(present accused applicant), 9 (Suraj Dayare), 11 (Kailas
Hisalge), 12 (Roshan Dayare) and 13 (Mangal Singh
Bhond) blocked the way of minidoor rickshaw with their
motor cycles and threatened the complainant with the
help of country made pistol and knife and robbed an
amount of Rs.25,00,000/- from the said minidoor
rickshaw. The present applicant/accused No.3 Sunil @
Chinu Valmiki and accused no.13 Mangalsingh @
Raftarsingh Poladsingh Bhond and Accused No.9 (Suraj
Dayare), threatened the complainant and minidoor
rickshaw driver Manoj Ramdas Panap with country made
pistol and snatched their mobiles. Then the present
applicant/accused no.3 Sunil @ Chinu Walmiki threatened
peon Sandeep Khot with knife and took away the suitcase
having cash amount of Rs.25,00,000/- and mobile of
peon. Accused no.11 (Kailas Hisalge) got off the
motorcycle and took the keys of minidoor rickshaw from
minidoor driver Manoj Ramdas Panap. Thus, all these
accused have together robbed the articles and cash of
total amount of Rs.25,21,000/- and ran away to the side
of Varsai Phata."
6. Further it is submitted that there is a statement of the
co-accused - Roshan Dayare which is recorded under
Section 18 of MCOC Act in which he has disclosed all facts
in respect of the offence committed by the applicant.
Learned APP submitted that there are as many as six
offences registered against the applicant including the
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present offence. Learned APP submitted that having regard
to the past history of the applicant the applicant does not
deserve to be enlarged on bail.
7. The chart of the offences registered against the
applicant is at paragraph 17 of the affidavit-in-reply which
indicate that except for the present offence the remaining
five offences registered against the applicant are all bailable
offences. It is pertinent to note that the gang leader has
been enlarged on bail. The prosecution proposes to examine
111 witnesses as per the chart. Learned APP submitted that
it is not as if all the witnesses have been examined.
However considering the nature of the accusations and the
materials on record it is obvious that large number of
witnesses will have to be examined by the prosecution and
the trial is likely to take a long time to conclude.
8. The applicant was arrested on 26.01.2016 and is now
in custody for more than seven years and nine months as
an under-trial. The trial has not yet commenced. Though
the charge is framed the trial is likely to take a long time to
conclude. Considering that the gang leader has been
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enlarged on bail and on the ground of long incarceration of
the applicant as an under-trial with no possibility of the trial
concluding any time soon, I am inclined to enlarge the
applicant on bail on conditions. Further the applicant was 21
years of age at the relevant time when this offence was
registered against him. Looking at the nature of the
antecedents certain conditions will have to be imposed but
it is not as if the applicant should be deprived the facility of
bail only on the ground of there being criminal antecedents
reported against him. Hence, the following order :-
ORDER
(a) The application is allowed.
(b) The applicant-Sunil @ Chinnu Mahesh Walmiki in connection with FIR bearing C.R. No.I-242 of 2015 registered with Pen Police Station, Raigad shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more solvent sureties in the like amount.
(c) The applicant shall attend the Investigating Officer of Pen Police Station, Raigad once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m. 6/7 PMB 7.ba.3094-23.doc
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(f) Except for attending the trial and for the purpose of reporting to the Investigating Officer and for attending to other criminal cases, the applicant shall not enter Raigad District after being released on bail, till the trial concludes.
(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
9. The application is disposed of.
(M. S. KARNIK, J.) 7/7 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 03/11/2023 20:10:00