Bombay High Court
Pravin Popat Bhosale vs The State Of Maharashtra on 9 July, 2021
Author: Bharati Dangre
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1825 OF 2021
Pravin Popat Bhosale .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mr.Pandurang A. Pol i/b Pol Legal Juris for the Applicant.
Mr.A.R.Kapadnis, APP for the State.
Mr.P.R.Dixit attached to Dahiwadi Police Station present.
...
CORAM: BHARATI DANGRE, J.
DATED : 9th JULY, 2021
P.C:-
1. The applicant came to be arraigned as an accused in
connection with C.R.No.431 of 2020 registered with Dahiwadi
Police Station for the offences punishable under Sections 395,
497 and 420 of the IPC. He came to be charge-sheeted on
08/01/2021 and remain incarcerated since the date of his
arrest i.e. 21/10/2020. The submission on behalf of the
applicant is, the investigation is complete and the applicant
being an illiterate labourer, cannot be detained any further in
light of the sketchy material compiled against him in the
charge-sheet.
2. The complainant allege that on 17/10/2020, accused
No.1 stopped him on the road and informed him that his friend
is in dire fnancial need and he has some gold with him, which
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can be exchanged for a meager amount. When the
complainant expressed his inability to purchase the said gold,
accused No.1 persisted with his demand on the next day and
the complainant fell into the trap and assured him that he will
arrange the money within two days. On 20/10/2020, accused
No.1 inquired whether he has arranged for money and the
complainant informed that he arranged for Rs.1,80,000/-. He
received the phone call from accused No.1 asking him to get
ready to accompany him and he fetched him from his house.
At that time, complainant pocketed sum of Rs.1,80,000/- and
rode on his motorcycle, which followed the route of Vaduj-
Dahiwadi Road via Gondavale Road. When they were passing
nearby a canal at about 3.30 p.m. in the afternoon, the
motorcycle was stopped by accused No.1 by expressing that he
wanted to urinate. While they were urinating, accused No.1
caught hold of him from behind and gave some signal in
'paradhi' language, consequent to which, four persons, who
had placed themselves near the canal, rushed towards him.
One of the person was named by the complainant and the other
three persons were described by their colour, height and body
structure. It is alleged that all the four assaulted him by fst
and blows and one tall person brandished a knife at him.
Thereupon the co-accused Abhijeet picked up his pocket and
the remaining two unknown persons pulled the amount of
Rs.1,75,500/- from his pant pocket. He was threatened not to
disclose the incident to anybody.
3. The supplementary statement of the complainant came
to be recorded, approximately after two months, and to be
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precise on 18/12/2020, pursuant to a test identifcation parade
held on 6/11/2020. The complainant states that he was
knowing accused Abhijeet since the inception, but name of the
two accused persons were made known to him during the TI
parade, being Pravin Bhosale (applicant) and Sachin Raichur
Shinde. He improved his version in the supplementary
statement and alleged that it is the applicant and co-accused
Sachin, who picked up an amount of Rs.1,75,000/- from his
pocket.
4. The allegations were investigated and the charge-sheet is
fled. The applicant has been identifed in the TI parade
whereas the main accused Lakhan Popat, the brother of the
applicant, is absconding. The charge-sheet does not attribute
any recovery from him. Further more, he has no antecedent
to his credit and no apprehension has been expressed by the
prosecution that he is likely to fee the courts of justice. The
applicant earns his livelihood by undertaking petty labour
work and his submission is that he has fve children, who are
dependent upon him.
Prima facie, the material compiled in the charge-sheet
against the present applicant indict him in the offence, but this
will have to be determined during the trial. In the wake of
allegations levelled in the FIR and the material compiled in the
charge-sheet and when no recovery is effected from the
applicant, he is entitled to be released on bail, subject to the
stipulation that he would continue to reside outside village
Khatav, District Satara, during the pendency of the trial.
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: ORDER :
(a) Application is allowed.
(b)Applicant - Pravin Popat Bhosale shall be released on bail in C.R.No.431 of 2020 registered with Dahiwadi Police Station on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with the prosecution evidence.
(d) The applicant shall report to Dahiwadi Police Station once in ffteen days between 10.00 a.m. and 1.00 p.m., till framing of charge.
(d)The applicant shall not set his foot in village Khatav.
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