Bombay High Court
Jalinder Babusha @ Baburao ... vs The State Of Maharashtra And ... on 17 August, 2021
Bench: M. G. Sewlikar
ba690.21.odt
-1-
,kIN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 690 OF 2021
Jitendra Babusha @ Baburao Bhosale Applicant
Versus
The State of Maharashtra & another Respondents
Mr. V.S. Undre, Advocate for the applicant.
Mr. S.D. Ghayal, APP for respondent/State.
CORAM : M.G. SEWLIKAR, J.
DATE : 17th August, 2021.
PER COURT :
1. Shri Undre, learned counsel for the applicant states that
name of the applicant has been wrongly typed as Jalinder. It should
be Jitendra.
2. Leave to amend. Amendment be carried out forthwith.
3. This is an application under Section 439 of the Code of
Criminal Procedure for releasing the applicant.
4. Applicant is accused of committing offence under
::: Uploaded on - 18/08/2021 ::: Downloaded on - 07/10/2021 20:37:15 :::
ba690.21.odt
-2-
Sections 395, 396, 397, 413, 413, 109 of Indian Penal Code and
under Section 4/25 of Indian Arms Act. Allegations against the
applicant are that the applicant and 10 to 15 unknown persons
committed dacoity and snatched mangalsutra of the wife of the
informant of Rs. 9,000/- and injured Indubai Jogdand, Sonar
Shankar Manik Kamaji, Shivaji Bansod and the informant as well.
On these allegations, First Information Report for aforesaid offences
came to be registered against the applicant.
5. Heard Shri Undre, learned counsel for the applicant and
Shri Ghayal, learned APP for the State.
6. On perusal of the papers annexed with the application, it
appears that almost all the accused have been acquitted in Sessions
Case No. 15/2009 registered on the basis of the present First
Information Report. Applicant was found to be absconding.
According to learned counsel Shri Undre, application was in the
village itself. He had not absconded. He states that applicant will
attend regularly and punctually all the dates that would be fxed in
the trial. He further submits that nothing is recovered from the
applicant. Therefore, he deserves to be released on bail.
::: Uploaded on - 18/08/2021 ::: Downloaded on - 07/10/2021 20:37:15 :::
ba690.21.odt
-3-
7. Learned APP submits that the applicant was absconding
for a period of 14 years after commission of offence. His whereabouts
were not known. If he is released on bail, he is again likely to
abscond.
8. The judgment dated 20.06.2016 passed by the learned
Additional Sessions Judge, Ambajogai is produced on record. It
shows that all the accused except the absconding accused have been
acquitted. There is nothing on record to show that any recovery is
made from the applicant. In this view of the matter, no purpose will
be served by keeping the applicant behind bars. In this view of the
matter, I am inclined to release the applicant on bail on condition
that he shall remain present on all the dates that will be fxed in the
trial. Hence the following order :-
ORDER
i) Application is allowed.
ii) Applicant be released on PR bond of
Rs.20,000/- (Rs. Twenty Thousand only) with one
solvent surety in the like amount in connection with
Crime No. 107/2006 registered with Kai Police
Station, Dist. Beed, for the offences punishable
ba690.21.odt
under Sections 395, 396, 397, 413, 414, 109 of Indian
Penal Code and Section 4/25 of Indian Arms Act, on
condition that he shall remain present on all the
dates that will be fxed in the trial.
iii) Application is disposed of.
( M. G. SEWLIKAR )
Judge
dyb
