2309ba490.11.odt 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 490 OF 2011 (Prashant Sanjay Jangam Vs. The State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................................................................. Mr. A. M. Rizwy, Adv. for the applicant. Mr. C. N. Adgokar, A.P.P. for the State. CORAM : U. V. BAKRE, J. DATE OF RESERVING ORDER : 23RD SEPT., 2011 DATE OF PRONOUNCING ORDER : 26TH SEPT., 2011 This application has been filed by the applicant on 29/7/2010 for releasing him on bail in Crime No. 114/2010 registered for offence punishable under Sections 341, 342, 395 and 397 read with Section 34 of the Indian Penal Code. The complaint is lodged by Rampratap Rajput. The said complaint dated 18/7/2010 reveals as follows :- “He and Durgaprasad Tiwari were proceeding by Splendor motorcycle on 18/7/2010 and by about 10.30 to 11.45 a.m. have reached infront of Shyam Hardware where Mohanish Reddy, Khailesh Salame, Prashant Jangam (present applicant), Pawan Pande and one more boy stopped the motorcycle passing remarks, “Sale, hamare dushman ke sath rahate ho, tumhe nahi chhodunga”, they started assaulting both Rampratap and Durgaprasad with danda and iron chain and thereafter dragged them into wine bar again assaulted them there with danda and iron chain and snatched Rs.25,000/- from him. It is in this connection that the said Crime No. 114/2011 has been registered. Charge-sheet has been already filed in the above crime on 2309ba490.11.odt 2/4 15/10/2010. During investigation, seven accused persons were arrested. Out of them, accused No.7 Shrinivas was ordered to be released on anticipatory bail by the learned Sessions Judge in Misc. Criminal Application No. 1484/2010 by order dated 30/8/2010. By order dated 30/10/2010, the accused persons namely Khailesh Salame and Pawan Pande had been granted bail by the learned Sessions Judge. Subsequently, by order dated 25/11/2010, accused Akash Mahanto came to be released on bail by the learned Sessions Judge. Accused Mohanish Reddy also came to be released on bail by the learned Sessions Judge by order dated 20/12/2010. Even accused Rohit @ Banti Sharma has been released on bail. Now, it is only present applicant, who is still lingering in Magisterial custody. As already stated above in the first information report filed on 18/7/2010, there was no specific role attributed to the present applicant which could be separated from the other co-accused persons. However, admittedly, on 18/7/2010 and 21/7/2010 supplementary statements of complainant Rampratapsingh were recorded by the police wherein he has added that the present applicant and Khailesh Salame snatched the cash from his two pockets. Thus, there is improvement made. The present applicant had earlier filed Criminal Application (BA) No. 25/2011. However, the applicant withdrew the said application with liberty to renew the prayer for bail as and when occasion arises. The respondent has not filed any fresh reply in the present application but has relied upon the same reply which was filed in the said Criminal Application (BA) No.25/2011. In the said reply, the respondent has mentioned that the respondent has registered crime bearing No. 85/2010 under Sections 143, 147, 2309ba490.11.odt 3/4 148, 149, 324, 307, 302 of the Indian Penal Code read with Section 135 of the Bombay Police Act against the applicant which is under investigation and that after releasing the applicant on bail in the said crime, the applicant has committed the present crime. The respondent has further mentioned in the said reply that one more offence vide Crime No. 224/08 under Section 324 read with Section 34 of the Indian Penal Code has been registered against the applicant and the same is pending before the learned J.M.F.C. at Kamptee. Learned Advocate Shri A. M. Rizwy has stated across the bar that it was because of the pendency of the investigation in the said murder case registered vide Crime No. 85/2010, the learned Single Bench of this Court in Criminal Application (BA) No. 25/2011 was not inclined to grant bail as the applicant could have tampered with witnesses in the said murder case. Learned Advocate Shri A. M. Rizwy has not stated that the investigation in that case under Crime No.85/2010 is over and charge-sheet has been already filed, and therefore, now, there is no fear of tampering with the witnesses. Shri Rizwy, learned Advocate argued that on account of changed circumstances of filing of the charge-sheet in the said Crime No.85/2010 and because of the other co-accused have been released on bail and further because in the present crime also charge-sheet has been filed, the applicant has filed the present fresh application. Considering all the above facts and mainly that the other co- accused have all been granted bail and further since the amount of Rs.19,500/- has been already recovered from the main accused namely: Mohanish Reddi, who is on bail and since in the said murder case under Crime No. 85/2010, a charge-sheet has been already filed, I am of the view that the circumstances 2309ba490.11.odt 4/4 have changed. The learned Advocate for the applicant has stated that the present applicant was on bail in the said Crime No.85/2010. It is not the contention of the respondent that the respondent has moved an application for cancellation of bail in the said Crime No. 85/2010 on account of the present offence being committed by the applicant after being released on bail in the said crime. In view of the above, I am of the view that now, the applicant is also entitled for bail. In the result, the application is allowed. The applicant shall be released on bail in Kanhan Police Station Crime No. 114/2010 registered for offence punishable under Sections 341, 342, 395 and 397 read with Section 34 of the Indian Penal Code upon execution of personal recognition bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety in the like amount under the condition that the applicant shall not tamper with the prosecution evidence and shall remain present before the trial Court on all dates fixed in the case, either himself or by his Advocate on record. The application stands disposed of accordingly. JUDGE wwl