MP 1 BA1398_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1398 OF 2011 Vinayak Valkya Daki ... Applicant Versus State of Maharashtra ... Respondent Mr. Shekhar Ingawale i/b. Ms Smita Deokar, Advocate for the Applicant. Mr. Y. M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 21ST NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.85 of 2011 registered with Kasarwadvali Police Station, District Thane for the offences punishable under Sections 395, 397 r/w. Section 34 of the Indian Penal Code. 2. The prosecution case, in brief, is that the first informant Sharad Chaudhari, who is an engineer, was returning home by Honda City car on 14.04.2011 at about 10.30 p.m. At that time, another silver-coloured Innova car came in high speed and went ahead by overtaking the car of Sharad Chaudhari in such a manner that there could be an accident. After the Innova car went ahead, it became bit slow. Thereafter, Sharad Chaudhari overtook that Innova car and stopped his Honda City in front of Innova and asked the driver of Innova as to why he had overtaken his car in such a manner. Due to this, 7-8 persons came out of Innova car. Four of them had beaten Sharad Chaudhari with fist and kick-blows. Therefore, he shouted for help. A policeman, in plain clothes, was standing at some distance with his motorcycle having mark of ‘Police’. That policeman came to rescue Sharad Chaudhari, and therefore, the assailants went away. When Sharad Chaudhari approached the police constable to thank him, the persons in the Innova car came back presuming that he was making report with the police, and thereafter, three or MP 2 BA1398_11 four of them beat him again and one of them snatched away his gold bracelet, a gold chain, a laptop and amount of Rs.1,50,000/- and then those persons escaped by their Innova car. The report was lodged immediately against the unknown persons, who were traveling by that Innova car. 3. From the present applicant, the gold chain as also the amount of Rs.1,00,000/- were recovered. He was also identified as one of the culprits. Investigation has been completed and the charge-sheet is filed. Admittedly, the present applicant has no criminal antecedents. The circumstances in which the whole incident occurred do not indicate that the applicant had gone there prepared to commit the offence of robbery or dacoity. The whole incident occurred abruptly in a dispute pertaining to overtaking of the vehicle. Therefore, I do not see any valid reason to refuse bail to the applicant. 4. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one surety in like amount with condition that he shall not tamper with the prosecution evidence and shall also report at Kasarwadvali Police Station on first Monday of every month till the end of the trial of the case. (J. H. BHATIA, J)