Bombay High Court
Surajpal Dharampal Bharadwaj vs The State Of Maharashtra on 24 September, 2020
Equivalent citations: AIRONLINE 2020 BOM 2486
Author: V. K. Jadhav
Bench: V. K. Jadhav
1 913-BA-20-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
913 BAIL APPLICATION NO. 20 OF 2020
1. SURAJPAL DHARAMPAL BHARADWAJ
2. RAMJAN BHAPPU SAKKA
3. JUBERKHAN NOORMOHAMMAD MEW
VERSUS
THE STATE OF MAHARASHTRA
......
Advocate for Applicants : Mr. Jain Gajendra Devichand
APP for Respondent-State : Mr. A. M. Phule
.....
CORAM : V. K. JADHAV, J.
DATED : 24TH SEPTEMBER, 2020
PER COURT :-
1. I have heard learned counsel for the applicants for
some time. Learned counsel for the applicants, on
instructions, seeks leave to withdraw the application of
applicant no.3 JUBERKHAN NOORMOHAMMAD MEW.
Leave granted. The application of applicant no.3
JUBERKHAN NOORMOHAMMAD MEW is dismissed as
withdrawn.
2. The applicant nos. 1 and 2, namely, SURAJPAL
DHARAMPAL BHARADWAJ and RAMJAN BHAPPU SAKKA
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2 913-BA-20-2020.odt
are seeking regular bail in connection with Crime No. 133 of
2019 registered with Akkalkuwa Police Station, District
Nandurbar for the offence punishable under Sections 397,
353, 332, 427, 506, 212 and 120-B of IPC and under Section
4/25 of the Arms Act. Their application with similar prayer
bearing Criminal Regular Bail Application No. 242 of 2019
came to be rejected by the I/c. Additional Sessions Judge,
Shahada vide order dated 07.12.2019.
3. So far as applicant nos. 1 and 2 are concerned, learned
counsel for the applicants submits that they have been
arrested in connection with the present crime merely on
suspicion. These applicants are neither identified by the
prosecution witnesses nor any incriminating article
recovered from them. Learned counsel submits that though
one iron axe came to be recovered at the instance of
applicant no.1 Surajpal, however, there is hardly any
relevancy with the incident in question. Learned counsel
submits that there is no criminal history. Learned counsel
submits that in compliance with the order passed by this
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Court dated 11.08.2020, certain documents, i.e. the Aadhar
Card, Residence Certificate and Ration Card of applicant
no.1 and Aadhar Card and Election Identity Card of
applicant no.2, are placed on record to indicate the
permanent residence of applicant nos. 1 and 2. Learned
counsel submits that the applicants may be released on bail.
The applicants are ready to furnish surety.
4. Learned APP has strongly resisted the application on
the ground that prima facie there is strong case against the
applicants. They are involved in serious crime like dacoity.
They have tried to break open the ATM machine and they
ran away from the spot after seeing the police. Even the
applicants could dare to make an attempt on the life of the
informant, who is the Head Constable, by using a sword.
There is recovery of an iron axe at the instance of applicant
no.1 Surajpal. There is possibility of absconding. The
applicants may not be released on bail.
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4 913-BA-20-2020.odt
5. On going through the allegations made in the
complaint and on perusal of the charge sheet, it appears that
there is no recovery from the applicants, nor they were
identified by the informant and the other witnesses. The
applicants have a fixed place of residence. The applicants
have placed on record the copies of Aadhar Card, Ration
Card, Residence Certificate etc. Thus, they are available for
trial. Considering the entire aspect of the case, I am inclined
to grant bail to applicant nos. 1 and 2. Hence, the following
order.
ORDER
I. The application of applicant no. 1 .. and applicant no.2 is hereby allowed.
II. The applicant no.1 SURAJPAL DHARAMPAL BHARADWAJ and applicant no.2 RAMJAN BHAPPU SAKKA be released on bail in connection with Crime No. 133 of 2019 registered with Akkalkuwa Police Station, District Nandurbar for the offence punishable under Sections 397, 353, 332, 427, 506, 212 and 120-B of IPC and under Section vre/-
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5 913-BA-20-2020.odt 4/25 of the Arms Act, on furnishing P.B. of Rs.50,000/- each with one solvent surety each of the like amount on the condition that the applicants shall not tamper with the prosecution evidence in any manner. III. Application is accordingly disposed of.
( V. K. JADHAV, J. ) ...
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