1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3523/2011 Vitthal s/o Waman Pawar. Applicant [orig. accused.] V E R S U S The State of Maharashtra Respondent *** Mr. S.S. Deshmukh, Advocate for applicant Mrs. R.K. Ladda, A.P.P. for the respondent .... CORAM : SHRIHARI P. DAVARE,J. DATE : 23rd AUGUST, 2011. PER COURT : 1. Perused investigation papers, which were made available by the learned A.P.P. for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. The applicant has preferred present application, seeking regular bail, in connection with Crime No.I-48/2011, registered at Sonai Police Station, District Ahmednagar, for the 2 offences punishable under sections 395, 420 of Indian Penal Code. 3. It appears that offence has been registered on the basis of complaint lodged by one Raju Shravan Kalaskar on 17.5.2011, in respect of the occurrence of the incident, on the same day. It is alleged that the complainant intended to purchase Maruti Van and when he was chit-chating with his friend near garage of one Ganpat, applicant herein was also present there, who told that better vehicles are available at Ahmednagar. Accordingly, on 15.5.2011, the applicant herein contacted the complainant on his mobile phone and complainant assured him to go with him to Ahmednagar to purchase vehicle on next day. It is also alleged that on 16.5.2011, informant withdrew Rs.80,000/- from S.T.Society at Bhusawal and Rs.80,000/- were borrowed from his sister-in-law. Thereafter, the applicant and complainant went by S.T. Bus from Aurangabad to Ahmednagar. When, S.T.Bus arrived near Newasa Fata, the applicant told the complainant that they would stay at Ghodegaon in the house of his friend and on next day, they would proceed to Ahmednagar. Accordingly, applicant made telephonic 3 call to his friend, who came at Ghodegaon and they all proceeded to the house of his friend on motor cycle and when they all reached on MIDC road, Shigve Tukai, his friend stopped the motor cycle and opened a talk that, to purchase a gold instead of Maruti Vehicle. The friend of applicant further told the complainant that he wanted to sell the gold in low price. It is also alleged that at the same time, applicant and his friend confirmed whether complainant had brought the cash amount. It is also alleged that they called other unknown persons there. Accordingly, other three persons arrived and they started assaulting the complainant and robbed cash of Rs.1,60,000/-. They also snatched his mobile phone. Thereafter, the complainant filed complaint with Sonai Police Station on 16.5.2011 and applicant came to be arrested there under. 4. On perusal of the contents of the First Information Report, it appears that name of the applicant has been reflected therein and specific role/overt act has been attributed to the applicant, in the occurrence of the incident. It is pertinent to note that, there was no reason for the applicant to ask the complainant to get down at Ghodegaon. Moreover, he also called his friend on 4 Mobile Phone, who came on motorcycle and proceeded to the house of the friend and on the way, stopped the motorcycle and again three persons arrived and robbed the huge amount, from the complainant and therefore, apparently, there appears nexus between the applicant and crime. 5. It appears that amount of Rs.18,000/- allegedly share of the applicant has been recovered during the course of the investigation. Balance amount of Rs.1,42,000/- is yet to be recovered. Moreover, some of the co-accused persons are still absconding. Learned A.P.P. posed apprehension that if the applicant is released on bail, he would influence upon the witnesses and/or tamper with the prosecution evidence. Said apprehension cannot be ignored. 6. Hence, having comprehensive view of the matter, and considering the facts and circumstances, although investigation has been completed and charge sheet has been filed, the applicant does not deserve grant of bail. 5 7. In the result, present application, lacks merit and, therefore, stands dismissed and disposed of, finally. Liberty granted to the applicant to apply for expeditious hearing of the trial after committal of the case. These observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. (SHRIHARI P. DAVARE) JUDGE aaa/3541.11 ****