RAKESH JANARDHAN JANA & Anr. v. THE STATE OF MAHARASHTRA

Mr. D. R. Kushwaha, Advocate for the applicant Mrs. G. P. Mulekar, APP CORAM:-A. P. LAVANDE, J. DATED : 19/3/2012 P.C. Heard Mr. Kushwaha, learned advocate for the applicant and Mrs. Mulekar, learned APP.

By this application, the applicants against whom Sessions Case No. 716/2011 is pending before the Sessions Court, Greater Bombay, seek bail in C.R. No. 55/2011 registered at Crime Branch, Unit No. 3, Mumbai, for the offences punishable Sections 120-B, BA-189 2 452,395,397,341,427,411,412 and 414 of IPC and Sections 3 and 25 of the Arms Act and Sections 37(1)(a) and Section 135 of the Bombay Police Act.

The applicants are two out of eight accused involved in the above crime registered pursuant to the FIR filed by Dilip Jain. Pursuant to the said FIR investigation is taken up which discloses that on 9/5/2011 all the accused entered in the cabin of the informant and pointed revolver and thereafter committed dacoity in respect of 3600 grams of gold worth Rs.60 lacs.

The applications filed by the applicants for bail have been rejected by Asstt. Sessions Judge, Mumbai by orders dated 1/11/2011 and 8/11/2011.

Learned counsel for the applicants submits that both the applicants have been arrested in May, 2011 and considering the nature of the material available against the applicants and the period during which they have been in custody, the applicants deserve to be released on bail. Learned counsel submits that appropriate conditions be imposed on them while granting bail BA-189 3 to both of them. In support of his submissions he relied upon the judgment of the Apex Court in State of Rajasthan, Jaipur v. Balchand @ Aaliay, (1977) 4 SCC 308.

Learned APP submitted that the applicant No. 1 is from Calcutta and was arrested at Calcutta, Applicant No. 2 is from Bangladesh and was also arrested at Calcutta and his name appears in the FIR.. Learned APP further submitted that having regard to the nature of the offences committed by the applicants and considering the fact that applicants are not the ordinary residents of Mumbai, the applicants do not deserve to be released on bail.

Having considered the rival submissions and having perused the record, I am of the considered opinion that this is not a fit case in which the applicants deserve to be released on bail at this stage. The alleged offences against the applicants are serious in nature. Offence under Section 395 is punishable with life imprisonment. Considering the seriousness of the offences and the fact, both the applicants are not ordinary BA-189 4 residents of Mumbai and they were arrested from Calcutta. I am of the considered opinion that this is not a fit case in which the applicants deserve to be granted bail at this stage.

In view of the above, I do not find any merit in the present application and hence the same is rejected.

(A.P. LAVANDE, J.)