1-ba-1341-2021-order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.1341 OF 2021

Dipak Narayan Dandekar

... Applicant

V/s.

The State of Maharashtra

... Respondent

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Mr.Kedar Patil for the Applicant.

Mr.Y.Y. Dabke, APP for the Respondent –State.

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CORAM : C.V. BHADANG, J.

RESERVED ON : 10 FEBRUARY 2022

PRONOUNCED ON : 11 APRIL 2022

P.C.

.

This is an application for bail. The applicant-accused

no 1 along with co-accused has been charge-sheeted for the

offence punishable under section 435,440,285,286,308,201

120(B) read with section 34 of IPC and section 4 of the

Explosives Act arising out of Crime no 136/2019 of PS Kalamboli

Distt Raigad.

2.

On 17 June 2019 a watchman and peon at Navin

Sudhagad High School noticed a suspicious object on a cart

opposite School gate. The matter was reported to the police. The

police arrived at the spot followed by a Bomb Detection and

N.S. Kamble page 1 of 5

NILAM

SANTOSH

KAMBLE

Digitally signed

by NILAM

SANTOSH

KAMBLE

Date:

2022.04.11

18:00:24 +0530

1-ba-1341-2021-order

Disposed Squad (BDDS) and sniffer dogs from Navi Mumbai.

The object was found to be a thermocol box on a sheet with an

iron box containing a watch, a plastic can with liquid and exide

batteries. A panchnama was drawn and the object was seized after

firing two rounds of water jet with no effect on the object. The

BDDS squad with IED management and CRPF Talegaon by

taking adequate precautions destroyed the object with the help of

Try Nitro Tolune (TNT ) and 33 electric detonators on 18 June

2019 at 12.30 am. The residue from the site of destruction were

collected and sent for report of the analyst. An offence under the

relevant sections was registered against unknown persons. During

the investigation the CCCTV footage of the spot was recovered

wherein two persons were found pushing the cart, on which the

object was found, infront of the school. The statement of the

shopkeeper from whom the articles were purchased came to be

recorded. The applicant along with accused nos 2 and 3 were

arrested on 4 July 2019. The accused no 4 was arrested on 10 July

2019. After completion of the investigation a charge-sheet is filed.

3.

According to the prosecution, it transpired during the

investigation that the applicant with accused nos 2 and 3 had

assembled two bombs with the intention of carrying out

explosion of one of them and then to send the pictures of the

same to Kirti Shah who is a builder, in order to extract Rs.3(Three

crores) from him and to spread terror. The accused no 2 Sushil

N.S. Kamble page 2 of 5

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Sathe was found to have kept the bomb on the handcart near the

school by concealing his identity. The accused no 4 Suresh

Rathod according to the prosecution had provided the material

for preparation of the bomb/IED device to accused nos 1 to 3.

4.

I have heard the learned counsel for the parties.

Perused record.

5.

It is submitted by the learned counsel for the

applicant that the object/article found on the cart cannot be said

to be a bomb or an IED/ Explosive device under the Explosives

Act. It is submitted that the bomb squad used TNT for

destroying the object/device. It is submitted that the post

explosion residues of ammonium nitrate are due to the same and

cannot establish that the object found and destroyed was

containing ammonium nitrate or any other explosive material.

The learned counsel has referred to the report dated 1 July 2019

in this regard.

6.

It is submitted that two co-accused Manish Bhagat

and Suresh Rathod have been released on bail. The investigation

is complete and the charge-sheet is filed. It is therefore submitted

that the further detention of