1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.286/2011 ( Balya alias Bhalchandra Anandrao Madavi ..Vs.. State of Maharashtra, through the P.S.O., P.S. Pandharkawda, Tq. Kelapur, Distt. Yavatmal ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.D. Bhuibhar, Adv. for applicant. Mr. S.M. Bhagde, A.P.P. for respondent/State. CORAM : M.N. GILANI, J. DATED : 24.6.2011. 1. The applicant who has been charged of the offence punishable under section 394, 120-B of the Indian Penal Code by P.S.O. Pandharkawda, Distt. Yavatmal under Crime No.4/2011 is seeking his release on bail, pending trial. 2. On 30/12/2010 the complainant Manoj had reached town Pandharkawda at about 5.30 a.m. He had brought with him 20 gold biscuits as per the instructions of his employer Shailesh Verma. This Shailesh Verma is a Jeweler in Ghatanji, Distt. Yavatmal. When the complainant was taking tea in a tea stall, two persons personating themselves as police officers approached him. By saying that he had concealed Ganja in his bag they brought him near bus-stand – Pandharkawda and opened his bag. These 2 persons told him that he was not possessing cash memo/invoices for purchase of the gold biscuits. Then they took possession of the bag containing gold biscuits, mobile hand set, wallet containing Rs.1,500/- cash. Then they rode on motorcycle Splendor, Honda make, and also asked the complainant to ride the motorcycle. They carried him by Karanji road and stopped the motorcycle near the police chowky. Then complainant was informed by them that he should report at the police chowky till 9 a.m. and he should bring his owner-employer with him. In turn, the complainant informed his employer Shailesh Verma. For whole day they were searching for those two persons. It was further revealed that the registration number appearing on the motorcycle was fake and it was issued to one four wheeler. Then the complainant and his employer believed that they were cheated and hence on 6/1/2011 they approached the police. 3. During investigation, eight accused persons came to be arrested. The present applicant was arrested on 28/1/2011 who is son of retired police officer. The calls made by the accused to various persons helped the police in unearthing the conspiracy. After the arrest of the accused, at his instance 18 gold biscuits came to be seized. Some ornaments worth Rs.2,00,000/- were also seized. It was revealed that two gold biscuits were given by him to one Javed to assist him in the court matters like arranging bail etc. He had also spent money for getting information about the movement of the complainant. It is thus the case of the prosecution that it was a well planned conspiracy and in pursuance to the same, the complainant was robbed of 20 gold biscuits worth Rs.40,00,000/-. While 3 opposing the bail application it is submitted that the present applicant is a person of bad antecedents. Six crimes are registered against him in different police station. Learned Additional Sessions Judge by his order dated 3/5/2011 has rejected the bail application by taking into consideration the gravity of the offence and the antecedents of the applicant. Learned counsel for the applicant contended that the co-accused have been released on bail. He invited my attention to the observations made by learned Additional Sessions Judge in his order dated 3/5/2011 wherein it is observed that offence under section 394 of the Indian Penal Code is punishable with imprisonment for life. It is evident from the material placed on the record that a conspiracy was hatched to rob the complainant by pretending that they were the police officers. In pursuance to the same, the complainant was robbed of bag containing 20 gold biscuits. At that time they had used a fake number plate to mislead the complainant. Learned A.P.P. has given details of crimes registered against the applicant in different police stations. Sr. No. Police station Offence Year 1. Adilabad 379 IPC 2007 2. Adilabad 379 IPC 2007 3. Adilabad 379 IPC 2007 4. Adilabad 379 IPC 2007 5. Adilabad 379 IPC 2007 6. Jakranpalli 379 IPC 2005 Disst. Nirmal. (A.P.) 4 4. Considering the nature of the offence and the manner in which it has been committed and antecedents of the applicant, discretion of releasing him on bail cannot be exercised. 5. Application is rejected. JUDGE Tambaskar.