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Criminal Bail Application No.572 of 2022
MHNS010023112022
CRIMINAL BAIL APPLICATION NO.572/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE­11
NASHIK AT NASHIK.
1.
2.

Laxman Madhukar Kolhe
Age 38, Occ: Agriculturist
Kamalakar Suresh Gangurde
Age 30 yrs. Occ: Agri.
Both r/o. Vadpada, Surgana,
Tal. Surgana, Dist. Nashik.

..Applicants/accused
V/s.
State of Maharashtra
Through P.I. Vani Police
Station
(CR No. 84 of 2022)
..Opponent
ORDER BELOW EXH.1
1.

The applicants/accused have filed this application for grant
of bail U/s.439 of the Cr.P.C. in Crime No.84/2022 of Vani Police
Station for the offence punishable U/s.399 of the Indian Penal Code.
2.

The case of the prosecution is that on 29/04/2022 at about
23.10 hrs. the present applicants alongwith other 5 accused was found
at Khirad phata on Saputara to Vani road in 3 vehicles, wherein screw
driver, iron rod, nylon ropes, pepper sprays, cash amount, mobiles,
number plates of vehicles, golden coloured biscuits and coins etc. i.e.
total 32 articles were found from their possession, with the help of
which they had made preparation to commit dacoity. Hence, the report.

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3.

Criminal Bail Application No.572 of 2022
The applicant has filed this bail application on the ground
that they are falsely implicated in the offence. Nothing incriminating is
seized from them. Prima facie there is nothing on record to show that
they alongwith others had assembled with intention in order to commit
dacoity. Moreover, there is nothing on record from which it can be said
that, they and others had been to commit dacoity. The offence
registered under Section 399 of IPC is prima facie not made out. The
applicants are arrested only on suspicion without any involvement in
the offence. The allegations against them are vague. They are
permanently residing at Nashik with their families, they have no
criminal antecedents. No purpose will be served by keeping them
behind the bar. So it is prayed that they be released on bail.
4.

The APP and I.O. have contested this bail application by
filing pursis and say vide Exh.4 and 5. It is contended that the offence
charged against the applicants/accused is serious in nature. There is
huge recovery from the applicants which shows that they had made
preparation to commit dacoity. The investigation is at initial stage. The
ownership of the vehicles seized in the crime is yet to be traced out.
Moreover considering the gravity of the offence and the material seized
from them, if they are released on bail they are likely to commit similar
offences. they are also likely to pressurize the witnesses. So it is prayed
that application be rejected.
5.

Heard Ld. Advocates for applicants. He argued that Section
399 of IPC is not prima facie made out. There is no discovery at the
hands of the present applicants during custodial interrogation. Only
some cash amount is allegedly seized from the applicants. There is
nothing on record to show that, where the applicants were exactly
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Criminal Bail Application No.572 of 2022
proceeding to commit dacoity. All the accused in this crime are resident
of different places and so it is not possible to say that they had common
intention or there was prior meetings of minds to commit the alleged
offence. So it is argued that applicants be released on bail. In support of
the case the Ld. Advocate for the applicants/accused has relied on the
case laws of Jasbir Singh @ Javri @ Jabbar Singh V/s. State of
Haryana 2015 All MR (Cri)2009 (S.C.) and Prakash S/o. Shivaji
Darekar and others 2009(2) B Cr. C 728.
6.

Per contra, Ld. APP Ms. Patil argued that huge articles are
recovered from the custody of the present applicants and other co­
accused. The golden colour coins, biscuits, pepper spray etc. seized from
their custody itself prima facie shows that they intended to commit
dacoity by alluring persons. Moreover, some number plates were also
found from the seized vehicles which shows the modus operendi and
their preparation for committing the offence of dacoity. Also the
applicant is a habitual offender and several crimes are registered
against him. He is the master mind of the crime. So considering the
same and gravity of the offence, the mudemal seized from the custody
of the applicants, it is argued that the application be rejected.
7.

Considered the submissions. Gone through the case laws
(cited supra). However, in these cases after conclusion of trial, the trial
court has convicted the accused under Section 399 of I.P.C. However,
the Hon’ble Supreme Court in case of Jasbir (cited supra) has held that
the offence was not proved beyond reasonable doubt though there was
recovery from accused. So they were acquitted. Similarly the Hon’ble
High Court in case of Prakash (cited supra) has held that the
ingredients of Section 399 of IPC were not made out to convict the
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Criminal Bail Application No.572 of 2022
accused. In the present case such are not the facts as the case is at very
initial stage and so whether offence is proved or not beyond reasonable
doubt is not necessary to considered. Whereas only whether
involvement of the accused is seen in the crime is require to be
considered while deciding this bail application.
8.

Gone through the FIR. It is alleged in the FIR that the
present applicants and other co­accused were caught when they had
made preparation to commit dacoity. The say of I.O. shows that in all
32 articles were seized from the applicants and other co­accused. It is
argued that the material seized such screw driver, iron rod, nylon rope
etc. are used daily and only due to the seizer of said material it cannot
be said that, the applicants had made preparation to commit dacoity. If
this argument is considered as it is, then also it is essential to note that
alongwith the above material nearabout 750 golden colour coins and 99
golden colour biscuits were seized from the vehicles in which the
present applicant and other co accused were found. Also cash amount
was seized from the said vehicle.

At this stage no explanation
whatsoever regarding possession of the same has come on record from
the applicants. Not only the same 4 number plates of the vehicles were
also seized from the said vehicles. Besides the same the vehicles which
were seized from the spot were bearing fabricated registration number
plates. All these prima facie shows that the applicants alongwith co­
accused had made preparation for committing dacoity.
9.

At this state there is sufficient prima facie evidence against
the applicants to show their involvement in the offence. The
investigation is at initial stage. The ownership of the seized vehicle is
yet to be traced out. Moreover, from where the golden colour coins and
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Criminal Bail Application No.572 of 2022
biscuits were prepared has not come on record. Offence is serious in
nature and considering the recovery apprehension of prosecution that
they might commit similar offence is justified at this stage. Hence for
aforestated grounds, at this initial stage it will not justified to released
the applicants on bail. Accordingly I, proceed to pass the following
order.
ORDER
The application is rejected.
RADHIKA
MADHUKAR
SHINDE
Date :­ 31/05/2022
Nashik
Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.06.02
17:19:34 +0530
(Smt. R.M. Shinde)
Additional Sessions Judge,.
(Court No.11) Nashik.