Bombay High Court
Anil Janu Tawade vs The State Of Maharashtra on 30 September, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3055 OF 2022
IN
CRIMINAL APPEAL NO.916 OF 2022
Anil Janu Tawade .... Appellant
versus
State of Maharashtra .... Respondent
.......
• Mr. Siddharth Jadhav i/b. Mr. Prakash Vare, Advocate for
Applicant.
• Smt. M. R. Tidke, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 30th SEPTEMBER, 2022
P.C. :
1. This is an application for bail pending the Appeal. The
Applicant has preferred the Criminal Appeal No.916 of 2022
challenging the Judgment and Order dated 26/07/2022 passed
by the Additional Sessions Judge for Greater Bombay in Sessions
Case No.129 of 2020. At the conclusion of the trial, the
Digitally
signed by
MANUSHREE
MANUSHREE V
V NESARIKAR
NESARIKAR Date: Applicant was convicted for commission of offence punishable
2022.10.01
11:12:29
+0530
u/s 379 and 356 of the Indian Penal Code and u/s 150 (1)(e) of
Nesarikar
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Railways Act. The major punishment imposed on him was three
years.
2. Heard Mr. Siddharth Jadhav, learned counsel for the
Applicant and Smt. M. R. Tidke, learned APP for the State.
3. Learned counsel for the Applicant submitted that he
was on bail during trial and he has not misused his liberty. Even
after his conviction he was granted bail by the trial Court u/s
389(3) of Cr.P.C. He submitted that on merits he has a good
case. Though the prosecution alleges that he was caught at the
spot, it was a case of mistaken identity as it was a crowded place
and he was wrongly caught by the crowd only on suspicion.
4. Learned APP opposed this application. She submitted
that considering the nature of offence there is a possibility of
repetition of this offence.
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5. I have considered these submissions. The incident had
occurred on 25/06/2016 at 01.30 p.m. The prosecution case is
that when P.W.1 was about to board a local train, the Applicant
snatched her golden chain because of which she fell on the
platform. The Applicant was caught on the spot by the crowd
and was beaten. He was taken to police station and the golden
chain was recovered from his pant pocket. Though the
complainant's evidence is strong enough, there are also arguable
points and there is a possibility of mistaken identity. The accused
will have to explain the recovery of golden chain. All these
issues will have to be decided at the stage of final hearing of the
Appeal. The Applicant was on bail during trial and he has not
misused the liberty. The incident is old. It had taken place in the
year 2016 and there are no allegations that after that he has
committed similar offence. Considering all these aspects, the
Applicant can be released on bail on certain conditions.
6. Hence, the following order :
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ORDER
(i) During pendency and final disposal of the
Criminal Appeal No.916 of 2022, the Applicant
is directed to be released on bail on his
furnishing P.R. bond in the sum of Rs.30,000/-
(Rupees Thirty Thousand only), with one or two
sureties in the like amount.
(ii) The Applicant shall report to the concerned
police station once every three months for a
period of three years from today.
(iii) With these observations, the Interim Application
is disposed of.
(SARANG V. KOTWAL, J.)
