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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1642 OF 2022
CNR NO. MHCC020089172022
Madhuker Ramdas @ Ramchandra Thorat
Age: 65 years, Occ. : Service,
R/at : Room No.192, Mangelwadi,
Juhu Tara Road, Santacruz (West),
Mumbai – 400 049.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of V.P. Road police station)
…Respondent/State
Appearances :
Mr. Prashant Parab, Ld. Advocate for the applicant/accused.
Ms. Jyotsna Gawali, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 13TH JULY, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.
The Ld. Advocate for applicant submitted that applicant is
arrested by police in connection with Crime No.297/2022 registered by
V.P. Road police station for the offences punishable under Sections 394,
397, 504, 506(2) r/w 34 of IPC. As per allegation in FIR, informant
stated that on 27.05.2022 he was called by Ratilal Prajabpati in his
office at Mumbadevi with gold for preparation of jewellery.
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Accordingly, he took bag from him having gold jewellery. They were
proceeding by walk. When they reach near Nemane building, one
person was present on KTM bike and another was standing with him.
They saw them while entering in office. Person standing near bike came
near them, put chilly powder towards them, shown knife and
threatened to kill. Thereafter, that person snatched bag and ran way on
KTM bike. On the basis of FIR, police arrested three accused. During
investigation, it was noticed by investigating officer that applicant is
also played active role in commission of offence. During investigation,
gold jewellery worth Rs.14,20,200/ is seized. It is also noticed that
other accused are also involved in this case. It is contention of Ld.
Advocate for applicant that noting is seized from present applicant.
Prima facie, there is no material on record to connect applicant with the
alleged offence. Hence, prayed for grant of bail.
3.
Ld. APP filed say Exh.2 and opposed application on the
ground that offence is committed by accused with conspiracy.
Involvement of seven accused is noticed. Out of them, three accused are
still
absconding.
As
per
allegations
in
FIR,
jewellery
worth
Rs.52,00,000/ is stolen. Remaining jewellery is yet to be recovered. On
the basis of CCTV Footage, prima facie involvement of accused is
disclosed. Hence, prayed for rejection of the application.
4.
In view of submissions from both the sides and on perusal
of documents on record, there is allegation about conspiracy. Therefore,
though anything is not recovered from the applicant, his role is yet to be
clarified as to investigation is in progress. There is allegation of theft of
gold jewellery worth Rs.52,00,000/, hence, offence is serious. As the
investigation is not completed, therefore, at this stage it cannot be said
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that there is no role of applicant in commission of offence. Taking into
consideration seriousness of offence and fact of absconding of three
accused, I am of the opinion that till investigation of case, applicant is
not entitled to be released on bail. Hence, I passed the following
order :
ORDER
Criminal Bail Application No. 1642 of 2022 is rejected and disposed of
accordingly.
Date : 13.07.2022
Dictated on
: 13.07.2022
Transcribed on : 13.07.2022
HHJ signed on : 13.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
14.07.2022
Upload Time
4.30 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 13.07.2022
JUDGMENT /ORDER signed by 13.07.2022
P.O. on
JUDGMENT /ORDER uploaded 14.07.2022
on