Bombay High Court
Suresh Ashok Doke vs The State Of Maharashtra on 1 December, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.2735 OF 2022
Suresh Ashok Doke Applicant
versus
The State of Maharashtra Respondent
Mr.Vikas Shivarkar i/by Mr.Vivek Joshi, Advocate for applicant.
Ms.P.N.Dabholkar, APP, for State.
Sr.P.I.Nikumbe (Ret.), PSI Rane, Unit-3 Crime Br., PSI Jadhav,
N.M.Joshi Mart Police Station present.
CORAM : PRAKASH D. NAIK, J.
DATE : 1st December 2022
(In Chamber)
PC :
1. This is second application for bail before this Court. The
previous application was rejected by this Court vide order dated 11 th
March 2020. In view of the order dated 30 th 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 11 th November 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 offences
under Sections 394, 397, 34 and 120-B of Indian Penal Code.
MANISH Digitally signed by
3. The case of the prosecution is that the complainant was
MANISH SURESH
SURESH Date: 2022.12.02
THATTE
THATTE 16:33:59 +0530
working with K.S.V Global Logistic for about 10 years. It is alleged
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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 something
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. On
17th 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 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.
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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.
ORDER
(i) Bail Application is allowed and disposed off;
(ii) The applicant is directed to be released on bail in connection with C.R No.190 of 2018 registered with N.M.Joshi Marg Police 4 of 4 3.BA.2735.2022.doc 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;
(iii) 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;
(iv) The applicant shall report DCB, CID, Unit-III, Mumbai once in three months on every first Saturday between 11 am and 1 pm till further orders;
(v) The applicant shall attend proceedings before Trial Court regularly on the dates of hearing, unless exempted by Trial Court for some reason;
(vi) The applicant shall not tamper with evidence.
(PRAKASH D. NAIK, J.) MST