RAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.61 of 2020 registered with Shirur-Anantpal Police Station, District Latur for the offences punishable under Sections 392 , 504 , 506 of the IPC read with Section 3 / 25 of Arms Act. His application with similar prayer came to be rejected by the Additional Sessions Judge, Nilanga, vide order dated 27.07.2020 in Criminal Misc. (Bail) Application No.37 of 2020.

(2.) The learned counsel for the applicant submits that the investigation is over and the charge-sheet has been submitted. The applicant is in jail in connection with the present crime since 20.04.2020. The learned counsel submits that the applicant has been falsely implicated in this case out of political enmity. The learned counsel submits that the applicant came to be released on conditional bail in connection with one rape case and this complaint came to be lodged against him with an alternate motive to show that in breach of the said condition, the applicant has entered in the village and committed the alleged offence. The learned counsel submits that the applicant is ready to abide the conditions, if imposed by this Court. The applicant may be released on bail.

(3.) The learned APP has strongly resisted the application on the ground that there are eye witnesses to the incident. The applicant has used the sword and on the point of sword forcibly removed the cash amount of Rs.2500/- from the pocket of the informant. Informant is the Sarpanch of the village. The learned APP submits that during the course of the investigation, at the instance of the applicant, the said sword and the cash amount of Rs.2500/- came to be recovered by drawing the panchanma under Section 27 of the Evidence Act. The learned APP submits that there are ten crimes registered against the applicant including the rape case. The learned APP submits that the Additional Sessions Judge and Special Judge Nilanga by order below Exh.12, in Special Case (POCSO) No.9 of 2019, released the present applicant on bail in connection with Crime No.157 of 2019 with condition that the applicant shall not enter into the village until further order. The learned APP submits that in breach of the said condition, the applicant has entered in the village and threatened the informant on the point of sword. The learned APP submits that even in connection with Crime No.1066 of 2018 registered with Hadapsar Police Station, District Pune for the offences punishable under Sections 302 , 307 , 326 , 392 , 394 read with Section 34 of the IPC though the Additional Sessions Judge, Pune by order dated 08.04.2019 in Sessions Case No.89 of 2019, released the applicant on bail with condition that he shall not commit any other or further offence, the applicant has committed the present crime. The learned APP submits that the applicant is a harden criminal and if he released on bail, he would commit the similar offence. There is possibility of tampering with the prosecution evidence. Application may be rejected.