Bombay High Court
Pravin Raja Shinde vs The State Of Maharashtra on 16 November, 2021
Author: V. G. Bisht
Bench: V. G. Bisht
BA-710-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.710 OF 2021
PRAVIN RAJA SHINDE )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Vaibhav Gaikwad, Advocate for the Applicant.
Smt.P.P.Shinde, APP for the Respondent - State.
CORAM : V. G. BISHT, J.
RESERVED ON : 26th OCTOBER 2021
PRONOUNCED ON : 16th NOVEMBER 2021
P.C. :
1 The present application has been moved by the
applicant under Section 439 of the Code of Criminal Procedure in
Crime No.71 of 2020 registered with Police Station Waduj,
Satara, for offences punishable under Section 395, 417, 420 of
the Indian Penal Code (IPC).
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2 It is the case of prosecution that on 6 th March 2020, at
about 12.30 p.m., accused Alka Nilgir Shinde, resident of Paradhi
locality lured the informant by telling him that she would give
750 grams of gold in lieu of Rs.3 lakh. When the informant went
there with amount of Rs.3 lakh, it is alleged, said accused
summoned other accused namely Renuka Patole, Nilgir Shinde,
Pravin and other fifteen unknown male and female and
brandishing sword and gupti forcibly removed mobile and gold
ring and cash amount of Rs.3 lakh from the informant and
informant's friend Rohit Waydande. The informant accordingly
lodged the report.
3 Mr.Vaibhav Gaikwad, learned counsel for the
applicant, submits that Alka Nilgir Shinde is the main accused
and no specific role is attributed to the present applicant. Even
in the Test Identification Parade the applicant was not identified.
There is no recovery from the applicant. Moreover, the injury
certificate filed on record by the prosecution shows that the
prosecution witness had suffered simple injuries. Lastly, learned
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counsel invited my attention to the affidavit filed by the
informant before the trial Court wherein the informant stated
that the name of applicant came to be given due to
misunderstanding and he had no role to play in the incident. For
all these reasons, the applicant deserves to be enlarged on bail,
submitted learned counsel.
4 Smt.P. P. Shinde, learned APP, on the other hand,
opposed the submissions by contending that the present
applicant along with other accused was very much present at the
time of incident. The learned APP also invited my attention to
the affidavit filed by the Investigating Officer and more
particularly paragraph 7 inviting my attention to the criminal
antecedents against the applicant. There being no merit in the
application, the same is liable to be rejected, argued learned APP.
5 Reading of First Information Report (FIR) would
clearly show that the master mind behind the alleged offence is
accused Alka Nilgir Shinde. Although she summoned other
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accused and with their help after beating the informant and his
companion Rohit Waydande, they forcibly snatched cash amount
of Rs.3 lakh, mobile handset and gold ring. It is also alleged that
they were also assaulted by all the accused but then there is no
specific role attributed to the applicant.
6 I have also gone through the injury certificate
pertaining to the prosecution witnesses filed on record and it
clearly shows that the informant and his friend Rohit Waydande
had sustained simple injuries.
7 It is also not disputed by prosecution that in the Test
Identification Parade the present applicant was not identified.
There is no recovery from the applicant as well. Lastly, the
affidavit of no other than the informant who has sworn the
affidavit before Executive Magistrate, Kadepur by stating therein
that the name of applicant came to be inadvertently mentioned
and he had no role to play in the incident. I have gone through
the impugned order of the learned trial Court but I do not find
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any discussion on this aspect although the said affidavit was very
much filed before the learned trial Court by the informant.
8 Be that as it may, having regard to the material on
record, in my considered opinion, applicant has made out a case
for bail. However, the factor of criminal antecedents must be
weighed qua the case in hand. I have already discussed the
entire material on record and thus I am of considered opinion
that the criminal antecedents should not be a hurdle in the way
of applicant while granting him bail. In view of above, I pass the
following order :
ORDER
(i) Applicant - Pravin Raja Shinde shall be released on bail in Crime No.71 of 2020 registered with Police Station Waduj, Satara, on his executing P.R.Bond in the sum of Rs.25,000/-
with one or two sureties in like amount.
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(ii) The applicant shall not tamper with prosecution evidence.
(iii) The applicant shall attend the Court proceedings regularly.
(iv) Parties to act on copy of this order duly authenticated by the Sheristedar of this Court.
(v) The application is allowed in the aforesaid terms and stands disposed off accordingly.
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