Bombay High Court
Vilas Hanumant Pawar @ Mama vs State Of Maharashtra on 20 February, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
PMB 23.ba.200-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.200 OF 2023
Vilas Hanumant Pawar @ Mama ..Applicant
Digitally
signed by
VS.
PRADNYA
PRADNYA
MAKARAND The State of Maharashtra ..Respondent
MAKARAND BHOGALE
BHOGALE Date:
2023.02.20
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19:59:14
+0530 Adv. Prashant Thombre for the Applicant.
Mr. S. V. Gavand, APP for the State.
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CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 20, 2023
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. The applicant is arrested on 11/11/2018 in connection
with C.R. No.190 of 2018 registered with N. M. Joshi Marg
Police Station, Mumbai. Subsequently investigation was
transferred to DCB, CID, Unit-III, Mumbai vide C.R. No.78
of 2018 for the offence punishable under Sections 394, 397,
120-B read with 34 of the Indian Penal Code, 1860.
3. By an order dated 01/12/2022 this Court in Criminal
Bail Application No.2735 of 2022 granted bail to the
accused No.1-Suresh Ashok Doke. The relevant portion of
the order reads thus :-
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PMB 23.ba.200-23.doc
"1. This is second application for bail before this Court.
The previous application was rejected by this Court vide
order dated 11th March 2020. In view of the order dated
30th September 2022 passed by the co-ordinate Bench,
the application is listed before me, considering the
fact that previous application was rejected by me by
aforesaid order dated 11th March 2020.
2. The applicant is arrested on 11th November 2018 in
connectionwith C.R no.190 of 2018 registered with N.M.
Joshi Marg Police Station, Mumbai. Subsequently
investigation was transferred to DCB, CID, Unit-III,
Mumbai vide C.R No.78 of 2018 for offences under
Sections 394, 397, 34 and 120-B of Indian Penal Code.
3. The case of the prosecution is that the
complainant was working with K.S.V Global Logistic for
about 10 years. It is alleged that the incident took place on
27th October, 2018 between 8.15 p.m. and 8.30 p.m. when
he was carrying a parcel containing jewellery worth
Rs.1,33,65,988/-. He has stated that when he
reached Mathuradas Mill Compound, suddenly one
unknown person came behind him, held him and another
unknown person threw some thing in his eyes, as a result
of which, his eyes started burning. One of the unknown
person used sharp weapon and cut the belt of the bag
which he was carrying on his back. In the said incident, his
left hand thumb and palm were injured. According to the
complainant, when he looked back, he realized that the
two unknown persons had taken his bag, which he was
carrying on his back. Pursuant thereto, F.I.R was lodged
against two unknown persons. During the course of
investigation, four persons were arrested including the
applicant. On17th November, 2018, apart from the
applicant's mobile, two gold bangles were recovered from
the applicant's house. The said gold bangles have been
identified by the witnesses. The evidence of call record
shows that the applicant was in the vicinity when the
alleged incident took place and was continuously in touch
with the co-accused pre and post incident. The statements
of Amol Doke brother of co-accused Suresh Doke also
shows that the applicant his brother and other co-accused
would regularly meet each other prior to the incident.
There is recovery of gold ornaments at the instance of the
applicant worth Rs. 34 lakhs. There is evidence
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of C.D.R. and statements of witnesses.
4. Learned advocate for applicant submitted that
applicant is being impleaded in this case as conspirator.
There is no evidence to support the fact that applicant has
connived with the co-accused. There are discrepancies in
the recovery at the instance of applicant. Applicant is in
custody for a period of four years. Although charge was
framed on 21st October 2021, the prosecution has not
examined any witness. There are no criminal antecedents
against applicant.
5. Learned APP submitted that there is sufficient
evidence to show complicity of applicant in the crime.
There is recovery of ornaments worth Rs.34 lakh from the
applicant. The CDR record supports prosecution case. The
prosecution proposes to examine around 35 witnesses. At
the most, the trial can be expedited. The application
preferred by the co-accused Vilas Pawar @ Mama was
rejected by order dated 3rd October 2019.
6. The factual matrix of the matter would
indicate that prosecution case against applicant is that
the applicant had all the information about victim carrying
of gold. The applicant had allegedly acted as conspirator
with the co-accused. There is recovery from the applicant.
It is pertinent to note that applicant is in custody for a
period of four years. There is no progress in the trial. The
applicant was not allegedly involved in snatching the bag
containing ornaments. The prosecution proposes to
examine about 35 witnesses. It is not clear as to when the
trial would be over. Although charge was framed a year
back, there is no progress in trial. There are no criminal
antecedents against applicant. Considering these
circumstances, bail can be granted on certain conditions."
4. So far as the applicant is concerned the ornaments
worth of Rs.7,01,552/- were recovered. On the ground of
parity with co-accused No.1-Suresh Ashok Doke, even the
applicant can be released on bail. I am informed that the
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trial Court granted bail to the accused No.2-Mahindra
Chaudhari.
5. Hence, the following order :-
ORDER
(a) Bail Application is allowed and disposed of;
(b) Applicant is directed to be released on bail in connection with C.R. No.190 of 2018 registered with N. M. Joshi Marg Police Station, Mumbai and subsequently investigated by DCB, CID, Unit-III, Mumbai vide C.R. No.78 of 2018 on executing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(c) The applicant is permitted to furnish cash bail in the sum of Rs.25,000/- for a period of six weeks in lieu of sureties;
(d) The applicant shall report DCB, CID, Unit-III, Mumbai once in three months on every first Saturday between 11.00 a.m. and 1.00 p.m. till further orders;
(e) The applicant shall attend proceedings before 4/5 PMB 23.ba.200-23.doc Trial Court regularly on the dates of hearing, unless exempted by Trial Court for some reason;
(f) The applicant shall not tamper with evidence.
(M. S. KARNIK, J.) 5/5