MHNS010051412022 Order below Exh.1 in Criminal Bail Application No. 1198/2022.
1.This is an application preferred by applicant Anil Bhaurao Pawar for bail under section 439 of Cr.P.C. in C.R. No. I287/2019 registered in Sarkarwada Police Station, Nashik for the offence punishable under sections 392 r/w section 34 of the Indian Penal Code.
2.It is submitted by the accused that he is innocent and has not committed any offence. He is falsely implicated in the crime.
He has not aware about the facts which has to be imposed in FIR and there is delay of 3 hours in recording the FIR. After three years of registration of the crime accused was arrested. Identity of the accused is not mentioned in the FIR. Bail was rejected as MOCCA case was registered against accused bearing C.R. NO. 262/2019, however, the bail has been granted by the MOCCA Court and he still UTP. Investigation is completed.
Custody of the accused is not required. Identification parade has not been conducted. Name and role of present accused has not been mentioned in FIR and chargesheet. Accused is in jail since three months. He has no concern with the said crime. He is ready to abide by the terms and conditions. Hence, prayed that application is granted.
3.Say was called of the investigating officer. He has objected this application on the count that, accused has snatched the gold chain of the lady and ran away. In similar type of offence he was arrested. Stolen property has been recovered from the accused. If he released on bail he will commit similar type of offence. If he is granted bail he will not remain present. MOCCA proceedings are pending against the accused.
Hence, prayed that bail be rejected.
4.Heard Ld. APP and Ld. Advocate for accused. It is seen from the case diary that offence was registered on 26.06.2019 and accused was arrested on 29.06.2022. It reflects that after three years of the commission of the offence accused was arrested. Case papers reflects that recovery has been made at the instance of coaccused Nitin Nivrutti Pardhi. Nothing remains to be investigated or recovered. Though, it is contended by the I.O. that offence under MOCCA is pending against the accused however Advocate for the accused has filed order below Exh. 14 in MOCCA Case No. 46/2020 which reflects that present accused Anil Pawar has been released on bail. FIR does not reflect the identity of the accused.
Investigating Officer has not brought anything on record to reflect that accused is convicted for any of the offence leveled against him. Trial will take time. Accused is resident of Nashik hence his presence can be secured. Apprehension of the I.O can be taken care by imposing stringent conditions. Hence, I pass following order :
ORDER
1.The application is allowed.
2.The applicant/accused Anil Bhaurao Pawar involved in C.R.No. I287/2019 registered in Sarkarwada Police Station, Nashik for the offence punishable under section 392 r/w section 34 of the Indian Penal Code, be released on bail on his executing P.R. and S.B. of Rs.30,000/ (Rupees Thirty Thousand Only) with one or two solvent sureties of like amount.
3.Accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such fact to the Court or Police Officer.
4.The accused shall mark his presence in Sarkarwada Police Station on every Monday and Friday from 11.00 a.m. to 1.00 p.m. till filing of the chargesheet and to cooperate investigating Officer.
5.The accused shall not commit similar type of offence.
6.The accused shall furnish address proof, photo identity and mobile number of self and his two close relatives. In case of change of address he shall inform the I.O. about the same.
7.In case of breach of the conditions, the respondent is at liberty to apply for cancellation of bail.
8.Bail before trial Court.
Digitally signed by VAISHALI S VAISHALI S MALKALPATTEREDDY MALKALPATTEREDDY Date: 2022.10.07
11:40:15 +0530 Nashik. (V.S.MalkalpatteReddy) Date : 06/10/2022. Additional Sessions Judge, Nashik.