Mukesh Jayantilal Soni v. The State of Maharashtra

Shri Joydeep Chatterji, Advocate for the applicant Shri K.S. Patil, A.P.P. for respondent ..... ..... CORAM : K.U. CHANDIWAL, J. DATE : 21st February, 2011 PER COURT :

#1. Heard. The accused/ applicant, in custody from

6.1.2011, on the accusations of having purchased stolen property in an offence under Section 395, 337, 341, 412, 323, 506, 427 of the Indian Penal Code and Sections 3, 25 of the Arms Act in Crime No. 347/2010, registered at Shirpur Police Station, seeks release on bail.

#2. Though charge sheet is not yet filed, considering the nature of accusations, the role attributed is, the accused/ applicant has purchased from arrested accused, 5 gold bangles worth Rs. 15,000/-. However, no recovery could be facilitated to seize and search the incriminating bangles from house or shop of the accused/ - 2 - Criminal Application No.467/2011 applicant.

#3. In a subsequent statemnet, other arrested accused, the culprit, informed that it could be wife of the accused/ applicant since she had given Rs.15,000/- to the accused and she may have disposed of the bangles. Taking these aspects into consideration, no specific role of the accused/ applicant in the dacoity that has taken place. He, at the most have facilitated purchase of the bangles for which he has faced sufficient brunt since he is in custody from 6.1.2011. Further custody of the accused/ applicant not warranted. Hence, he deserves to be released on bail. Hence order: O R D E R

#4. The accused/ applicant be released on his furnishing P.R. bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand). The accused shall furnish solvent surety from Shirpur to facilitate regular attendance in the trial whenever the matter is so fixed. The accused/ applicant, after his release, shall give his address at Sendhwa, and surrender his passport. The accused shall not influence the witnesses. Application allowed in above terms. K.U. CHANDIWAL - 3 - Criminal Application No.467/2011 JUDGE fmp/cri46711