Cri.B.A.No.1074/2022 Order below Exh.01 in Cri.B.A.No.1074/2022 CNR No.MHNS010046302022

(Navnath Dagadu Shinde etc. vs. State)

The applicants have preferred this application for anticipatory bail praying therein that they may be released on bail in the event of arrest in connection with Cr.No.I­401/2022 registered with Ambad P. S. for the offence pun. U/s.3/25 of Arms Act and Sec.135 of Maharashtra Police Act on the basis of FIR
lodged by PC Prashant Shekhar Nagare.

2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That pistol is seized from accused No.2 and police arrested accused Nos.1 and 2. FIR does not mention any weapon seized from applicants or sold any weapon by them. Brother of applicant No.1 pledged property of applicant No.1 for availing loan from various banks which are seized by the banks and hence applicant No.1 tried to commit suicide and was admitted in the hospital. As accused No.2 is known to the applicant, he impleaded in the crime. There are no criminal antecedents against applicants. They are permanent residents of Sangamner. Applicant No.1 is Sarpanch of Saikhind whereas applicant No.2 is agriculturist. Both are reputed person in the society. They will not pressurize prosecution witnesses and will abide by all the terms and conditions if any imposed by the court.

On these main grounds and others have prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that accused Lalit purchased pistol and handed over it to accused No.1 who is Sarpanch of Saikhind, Tal. Sangamner,Dist. Ahmadnagar and in coming elections of Grampanchayat and Nagar Parishad, there is possibility of any crime, investigation is to be done in respect of said weapon. If released on bail, accused will not cooperate in the investigation. Investigation with respect to the motive is to be done. The investigation is to be done with respect to the fact that if accused No.1 sold pistol to accused Navnath Shinde [applicant No.1], then how it came in possession of accused No.2 ?

On these main grounds and others have prayed for rejection of the bail application.

4.Heard Ld. Advocate Mr.Badode for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Ambad police station.

5.On perusal of FIR, it can be gathered that secret information was received at Ambad police station on 28.8.2022 that one person will be coming to sell country­made­pistol at Vavre Nagar, Nashik. Accordingly, trap was laid. One person was seen coming. As the police staff approached him, he started running. He was accosted by the police. On inquiring with him, he disclosed his name as Lalit Gangurde. Search was taken in presence of panchas.

He informed that he has sold country­made­pistol and cartridge to Navnath Shinde [applicant no.1] for amount of Rs.30,000/­ and one person will be coming on motorcycle with that country­made­pistol
and cartridge. At about 8.10 p.m., one person came on motorcycle.

He was also accosted. He told his name as Prashant Khatode, R/o.

Sangamner, Ahmadnagar. On his search, country­made­pistol and cartridge was found. On further inquiry with him, he told that the country­made­pistol is of Navnath Shinde and it was given in custody of Sagar Bhaginath Gandole [applicant No.2]. Accordingly, the fire­arm was seized and offence was registered.

6.From the story put forth by prosecution, one fact is ample clear that the country­made­fire­arm is seized from the accused namely Prashant Khatode. After perusal of say of Investigating Officer, the only apprehension raised by him is that there may be some criminal conspiracy and therefore, the countrymade­fire­arm was purchased by the applicant No.1. On further inquiry with Investigating Officer, whether there are criminal antecedents against applicants, he answered in negative. So also, report does not mention any details of criminal antecedents against the applicants. From the say filed by Investigating Officer, only assumptions are mentioned in the objection that further crime is likely to take place. Now, nothing is to be recovered or discovered at the instance of the applicants, who are Sarpanch of village and another one is agriculturist. The purpose of further investigation can be served by imposing certain terms and conditions. Hence, I proceed to pass following order :

ORDER

(1). Application is allowed.

(2). In the event of arrest of the applicant No.1 Navnath Dagadu Shinde and applicant No.2 Sagar Bhaginath Gandole in connection with Cr.No.I­401/2022 registered with Ambad P. S. for the offence pun. U/s.3/25 of Arms Act and Sec.135 of Maharashtra Police Act on the basis of FIR lodged by PC Prashant Shekhar Nagare, the above named applicants be released on bail, on furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen Thousand only), with one surety of like amount on following conditions.

(a). They shall attend concern Police Station on every Monday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.

(b). They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer.

(c). Violation of any of the above mentioned condition, would result in cancellation of bail.

(3). Inform concerned police station accordingly.

VARDHAN Digitally signed by VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.09.07 16:41:43 +0530 Nashik. ( V. P. Desai) Date : 07.09.2022 Additional Sessions Judge, Nashik.