Bombay High Court
Sagar Pandurang Bhilare vs The State Of Maharashtra on 20 January, 2022
Bench: Virendrasingh Gyansingh Bisht
BA-3578-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3578 OF 2021
SAGAR PANDURANG BHILARE )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Shailesh Chavan i/b. Mr.Shrikant Panhale, Advocate for the
Applicant.
Mr.Ameet Palkar, APP for the Respondent - State.
CORAM : V. G. BISHT, J.
RESERVED ON : 14th DECEMBER 2021
PRONOUNCED ON : 20th JANUARY 2022
P.C. :
1 The present application has been moved by the
applicant under Section 439 of the Code of Criminal Procedure in
Crime No.53 of 2016 registered with Police Station Vaduj, for
offences punishable under Sections 394, 397 read with 34 of the
Digitally
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signed by
ARTI
ARTI VILAS
VILAS KHATATE
KHATATE Date:
2022.01.20
13:51:16
+0530
BA-3578-2021.doc
Indian Penal Code (IPC), under Sections 27, 3(23), 3(1) and 4 of
the Arms Act and under Sections 3(1)(ii), 3(2) and 3(4) of the
Maharashtra Control of Organized Crime, 1999 (MCOC Act).
2 The First Information Report (FIR) shows that on 6 th
March 2016 informant and his two other employees were
proceeding towards Vaduj Village by Vehicle No.MH 11 BL 6663
belonging to D.K.Trading Company to supply oil and groundnut
seeds. They had collected cash of Rs.2,40,200/- after supplying
certain products to retailers. Informant had with him cash of
Rs.2,25,000/- in his bag and Rs.15,200/- in his pocket.
3 According to prosecution, the informant and others
had stopped the vehicle at Satewadi to supply products to one
Sanjay Bote. In the meantime, four unknown persons came. One
of them pointed a pistol at informant and other three assaulted
him. They also tried to snatch away the bag containing
Rs.2,25,000/-. However, the informant held the bag tight and
thus foiled their attempt. One boy from those unknown persons
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then removed cash of Rs.15,200/- from the pocket of informant.
Somehow the informant rescued himself and ran towards the
house of Sanjay Bote. It is also seen from the record and more
particularly from the statement of driver Rajendra Nidan that
those four persons had also entered in the cabin of pick-up truck
and assaulted him. They took the vehicle up to a community
center and also demanded monies from him and when he told
them that he had no monies, those persons took away some
goods from the said pick-up truck. The informant, accordingly,
lodged the First Information Report (FIR).
4 Mr.Shailesh Chavan, learned counsel for the
applicant, submits that since the co-accused, namely, Mauli
Mahaling Palse has been released on bail on 8 th October 2018 by
this Court (Coram : Smt.Anuja Prabhudessai, J.) and the
applicant being similarly placed, is entitled to claim parity.
According to learned counsel recovery has already been made
and the injuries allegedly sustained by the informant and others
were simple in nature. Having regard to the material on record,
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the applicant deserves to be enlarged on bail, argued learned
counsel.
5 Mr.Ameet Palkar, learned APP, on the other hand,
opposed the submissions and submitted that the applicant was
duly identified in the Test Identification Parade. There is
confessional statement of co-accused along with recovery
effected under Section 27 of the Indian Evidence Act. Having
regard to seriousness of the offence, the applicant does not
deserve to be enlarged on bail, argued learned APP.
6 Perused the investigation papers. Admittedly, the FIR
and statement of driver coupled with the findings of Test
Identification Parade show prima facie involvement of the
applicant and others.
7 It is also alleged that applicant and others also
committed offence under the relevant provisions of MCOC Act
and for that purpose the prosecution has placed reliance on the
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confessional statement of one Vishwajeet Shankar Shinde
recorded under Section 18 of the MCOC Act. I have carefully
gone through the said confessional statement. It is very much
interesting to read the confessional statement. Before I read it, I
may point out from the FIR as well as from the statement of the
driver Rajendra Nidan that they have claimed to had been beaten
by all those unknown persons which admittedly included the co-
accused who allegedly gave the confessional statement. However
and much to the chagrin of the prosecution, the co-accused
conveniently does not attribute any role at all unto himself and
rather points out guilt by fingering at others. Suffice to say, said
confessional statement on the face of it is exculpatory. If this
statement is excluded, the only evidence is in the form of Test
Identification Parade and nothing else.
8 Apart from above, I have also gone through the
Affidavit-in-Reply of the Sub-Divisional Police Officer, Dahiwadi
Division, wherein at paragraph 14 criminal antecedents of the
applicant have been given. The learned counsel for the applicant
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has also filed on record the copies of judgments of acquittals in
various criminal cases which relate to Serial Nos.17, 19, 20, 21,
22, 23, 24 and 26 of the antecedents given at paragraph 14 in
the Affidavit-in-Reply. Despite those acquittals, still there are
number of criminal cases which are pending against the
applicant. I have also, for the time being, excluded the so called
confessional statement inculpating the applicant for the reasons
stated hereinabove. It is also settled law that the bail application
has to be considered on its own merit and on the basis of
allegations and proof in support thereof by the Court.
9 Recovery has already been effected. The case will
take its own time. Having regard to the nature of material on
record, I am inclined to allow the application. Hence, I pass the
following order :
ORDER
(i) Applicant - Sagar Pandurang Bhilare shall be released on
bail in Crime No.53 of 2016 registered with Police Station
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Vaduj, on his executing P.R.Bond in the sum of Rs.50,000/-
with one or two sureties in like amount.
(ii) The applicant shall not tamper with prosecution evidence.
(iii) The applicant shall attend the concerned police station twice
in a month commencing from 1st February 2022 i.e. on 1st
and 4th Monday of every month, in between 11.00 a.m. to
1.00 p.m. till filing of the charge-sheet.
(iv) Bail before the trial Court.
(v) Parties to act on copy of this order duly authenticated by the
Sheristedar of this Court.
(vi) It is made clear that the observations made herein are prima
facie and the trial Court shall decide the case on its own
merit, in accordance with law, uninfluenced by the
observations made in this order.
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(vii) The application is allowed in the aforesaid terms and stands
disposed off accordingly.
(V. G. BISHT, J.)
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