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1983 DIGILAW 6 (SC)

Popat Rambhaji Sonavane v. State Of Maharashtra

1983-01-04

D.A.DESAI, R.B.MISRA

body1983
JUDGMENT Desai, j. - On a complaint filed by second respondent, the facts of which are set out in details by us in our Order pronounced today in Transfer Petition No. 102 of 1982, the petitioners nine in number are being prosecuted for having committed offences under sections 395 and 506 of the Indian Penal Code. The case came to be committed to the Court of Sessions on a private complaint file by second respondent alleging that on the date of the occurrence, 9 petitioners surrounded him and at the point of knife he was made to part with a golden chain and an amount of Rs. 500/-. Incident occurred on 19th November, 1981 and in respect of which a private complaint was filed on November 23, 1981. The petitioners were arrested and released on bail, but subsequently the bail bonds were cancelled. Thereafter their application for being released on bail was rejected. Hence, this petition for special leave to appeal. 2. Mr. Handa, learned counsel who appeared for the State of Maharashtra fairly stated that this is pre-eminently a fit case in which bail ought to be granted. 3. Second respondent is original complainant who appeared as a party in person. We note that he is a number of the legal profession. He vehemently contested the petition. 4. As the case is pending, we refrain from making any observation on the merits or demerits of the case, but we are satisfied that this is a case in which petitioners ought to be released on bail. 5. We accordingly direct that the learned Sessions Judge, 5th Court, Pune before whom the case is pending should release the petitioner on bail on each of them furnishing security in the amount of Rs. 1,000/- and a personal bond in the like, amount. An undertaking to be taken from each of the petitioners not to approach the second respondent at any of his relations or witnesses to directly or indirectly harass or threaten them. We further direct that the learned Sessions Judge before whom the case is pending should give priority to this case and dispose it of as early as possible and not later than 31st March, 1983. Bail granted.