(1.) Heard Mr. Sirpurkar, learned counsel for the applicant and Mr. Chutke, learned APP for the non-applicant/State.
(2.) The applicant is arraigned for the offence punishable under Ss. 394 read with Sec. 34, 120-B and 506 of the Indian Penal Code. The date of incident is alleged to be 30/9/2021. The First Information Report has been lodged on 1/10/2021. The applicant has been arrested on the same day. The charge-sheet has been filed on 9/12/2021.
(3.) Mr. Sirpurkar, learned counsel for the applicant submits, that the applicant has been arrested mainly on the basis of suspicion, having provided the information of the travel plans of complainant Ishwar Ram Bhera Ram Devashi and his carrying an amount of rupees 50 lakh in a bag, to the other accused, who have robbed the said amount by stopping the bus, some point of time later on, on its way under the pretext, that they were Police officials and taking the complainant out of the bus. It is alleged, that after the said bus had left, the bag containing the amount was snatched away, the complainant was assaulted and the other accused persons had left. The applicant, has been arraigned on the basis of a statement under Sec. 27 of the Indian Evidence Act, by the co-accuseds, as having provided information, which according to him, is inadmissible and cannot be used against the applicant. It is further submitted, that the major portion of money amounting to Rs.45,29,500.00 has been recovered from the other three co-accused, one of whom Tanvirkha Jahagirkha, from whom an amount of Rs.1,99,500.00 has been recovered, has already been released on bail by the learned trial Court on 30/12/2021. He therefore submits, that considering the allegations against the applicant and the prohibition of law, the applicant needs to be released on bail.