NARESH JIVARAJ RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is filed by the applicants under Sec. 439 of the Code of Criminal Procedure, 1973, seeking their release on regular bail in connection with Crime No.497 of 2023 registered with Malad Police Station. The applicants are facing prosecution for offences punishable under Ss. 395 , 394 , 120- B, 412, and 34 of the Indian Penal Code , 1860, and also under Ss. 37(1)(a) , 135 , and 142 of the Maharashtra Police Act.

(2.) The prosecution case, in brief, is that the informant lodged a report alleging that on 28/8/2023 at about 8:15 p.m., near Nilanjana Apartment, Nutan High School, Marve Road, Malad (West), Mumbai, certain unknown persons, in furtherance of a criminal conspiracy, committed an act of dacoity by voluntarily causing hurt with the use of a knife, and snatched two bags containing Rs.75 lakhs in cash. Subsequently, during investigation and after recording the informant's supplementary statement, it was revealed that the actual amount robbed was Rs.1 crore 25 lakhs. The investigation further revealed that the said offence was committed in breach of externment and arms prohibition orders and was the result of a well-planned conspiracy amongst several accused persons. It also came to light during the course of investigation that some of the accused persons, who were not directly involved in the act of robbery, had dishonestly received a part of the stolen cash. Upon completion of investigation, a charge- sheet has been filed against the applicants and other accused.

(3.) Learned counsel appearing for the applicants has drawn attention of this Court to the contents of the First Information Report, statements of witnesses, and other material placed on record. It is submitted that there is no material on record which indicates that the present applicants were present at the spot at the time of the incident. It is further submitted that two co-accused, namely Vinod and Kunal, who were riding a motorcycle, have been identified by the victim as the persons who committed the dacoity. The role attributed to Kunal is that he used a knife to threaten the victim and forcibly snatched the cash. Both these persons have been specifically identified by the victim. However, the only ground on which the applicants have been arraigned as accused is that the motorcycle allegedly used in the crime was recovered from applicant No.1, and applicant No.2 was found to be in company of the co-accused at a later point of time. It is pointed out that the applicants were arrested on 3/9/2023, and the charge is yet to be framed. The prosecution has cited as many as 68 witnesses, and therefore, it is unlikely that the trial will conclude in the near future. In these circumstances, it is prayed that the applicants may be released on regular bail.