PRAVIN RAJA SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in Crime No.71 of 2020 registered with Police Station Waduj, Satara, for offences punishable under Section 395, 417, 420 of the Indian Penal Code (IPC).

(2.) It is the case of prosecution that on 6th March 2020, at about 12.30 p.m., accused Alka Nilgir Shinde, resident of Paradhi locality lured the informant by telling him that she would give 750 grams of gold in lieu of Rs.3 lakh. When the informant went there with amount of Rs.3 lakh, it is alleged, said accused summoned other accused namely Renuka Patole, Nilgir Shinde, Pravin and other fifteen unknown male and female and brandishing sword and gupti forcibly removed mobile and gold ring and cash amount of Rs.3 lakh from the informant and informant 's friend Rohit Waydande. The informant accordingly lodged the report.

(3.) Mr.Vaibhav Gaikwad, learned counsel for the applicant, submits that Alka Nilgir Shinde is the main accused and no specific role is attributed to the present applicant. Even in the Test Identification Parade the applicant was not identified. There is no recovery from the applicant. Moreover, the injury certificate filed on record by the prosecution shows that the prosecution witness had suffered simple injuries. Lastly, learned counsel invited my attention to the affidavit filed by the informant before the trial Court wherein the informant stated that the name of applicant came to be given due to misunderstanding and he had no role to play in the incident. For all these reasons, the applicant deserves to be enlarged on bail, submitted learned counsel.