PANKAJ DATTATRAY SHETYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE .

(2.) THE application for bail is filed by the applicant in respect of the offence which took place on 26-12-1998 where the offence was registered under sections 395, 397 read with 34 I.P.C. and section 25(1) of Arms Act where all the accused to the crime went to the petrol pump and at about 21.20 hours and looted Rs.46,000/-. The offence was registered at Roha Police Station and it is the prosecution case that the police authority while investigating the offence registered vide C.R. No.142/98 arrested some of the accused and the name of the applicant is also falsely implicated in the said offence. The applicant was kept in Yerawada Central Prison in respect of the offence registered vide C.R. No.3/99 at Vashi Police Station. The co-accused in C.R. No.142/99 filed Misc. Criminal Application No.82/99 for bail before Additional Sessions Judge, Raigad, Alibag and the applicant also filed Misc. Criminal Application No.89/99. As per order dated 10-3-1999 the applicant was granted temporary bail for a period from 11-3-1999 to 26-3-1999 to enable him to appear in the S.S.C. Examination. However, he was not released as he was found arrested in C.R. No.3/99. The Additional Sessions Judge, Raigad, while dealing with the application filed by the applicant and the accused has rejected the application by a common order dated 3-4-1999. It is the case of the applicant that in respect of the offence registered at Vashi Police Station vide C.R.No.3/99 the police has submitted report under section 169 Cr.P.C. to the effect that there is no sufficient evidence. In view of the report submitted though the accused was involved in C.R. No.142/99 in respect of Roha Police Station, the jail authority at Yerawada prison has through mistake released the accused in view of the report submitted by the police and it is the case of the applicant that immediately thereafter the applicant surrendered himself before the J.M.F.C., Roha on 13-4-1999 and the Magistrate has taken him in judicial custody. Some of the accused have filed application for bail on the ground that the police has not filed charge-sheet within 90 days and as per order dated 7-5-1999 the Magistrate has released those accused in view of not filing the charge-sheet. Thereafter on 21-5-1999 the application for bail under section 437 was moved by the applicant before the Magistrate on the ground that the applicant is aged 67 years. Dealing with the said application the learned Judicial Magistrate, Roha as per order dated 4-6-1999 has rejected the application of the applicant accused by observing that involvement of the accused is punishable under section-437 Cr.P.C. as the matter is under investigation. Accordingly the application for bail is moved. Alongwith the application all the documents viz. the order and the report submitted under section 167(2) dated 5-5-1999 filed on behalf of the original accused Nos.3, 4 and 6 and the order passed by the learned Magistrate releasing those accused as per order dated 7-5-1999 and the order rejecting the application for bail dated 4-6-1999.

(3.) WITHOUT expressing anything on merits and considering the fact that the other co-accused is released on the ground that the charge-sheet is not filed within the stipulated period and considering age of the applicant which is hardly 16 years of age, this court is inclined to release the accused by imposing certain conditions. Accordingly the applicant is ordered to be released on bail for a sum of Rs.5000/- with one or two sureties of like amount. The applicant is directed not to involve in any offence and not to influence over the prosecution witnesses. The applicant is also directed to report at Roha Police Station on every Sunday between 11 a.m. to 4 p.m. Rule is accordingly made absolute in the above terms.