Cri Appeal 297-2017

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 297 OF 2017

Madhukar s/o. Babu Shinde

age : 19 years, Occu: Agriculture,

r/o. Lakhangaon, Tq. Washi,

District Osmanabad.

...Appellant

versus

1.

The State of Maharashtra

through District Superintendent of Police,

Osmanabad.

2.

The Sub-Divisional Police Officer,

Sub-Division-Kalam,

Dist. Osmanabad.

3.

The Police Inspector,

Yarmala Police Station,

Tq. Kalam, Dist. Osmanabad.

...Respondents

.....

Mr. S. A. Gaikwad, Advocate for the Appellant.

Mr. S.W. Munde, A.P.P. for Respondent-State.

.....

CORAM : S. S. SHINDE AND

V. K. JADHAV, JJ.

RESERVED ON : 05^th JULY, 2018

PRONOUNCED ON : 31^st JULY, 2018

JUDGMENT (PER V.K. JADHAV, J.) :-

.

Heard.

1.

Admit. With the consent of learned counsel for the respective

parties, the Appeal is taken up for final hearing.

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2.

This appeal has been preferred by the appellant/accused with the

following prayers:

b.

The impugned order passed below Exh.62 in Special

M.C.O.C.A. Case no. 4/2014 passed by the Special

M.C.O.C.A. Court Aurangabad on 6-6-2017 rejecting

the application of the appellant for discharge may kindly

be quashed and set aside.

c.

The application Exh.62 filed before the Special

M.C.O.C.A. Court Aurangabad in Special M.C.O.C.A.

Case no.4/2014 for discharge may kindly be allowed and

the appellant may kindly be discharged from Special

M.C.O.C.A. Case no.4/2014 in crime no.39/2014

(Special M.C.O.C.A. Case no.4/2014) for the offence u/s

396, 397, 364, 412, 201 of I.P.C. r/w 3(1) (i), (ii), 3(2),

3(4), 3(5) of M.C.O.C.A. Registered with Yarmala

police station, Ta. Kalam Dist. Osmanabad.

d.

During the pendency of the appeal, the trial of the

Special M.C.O.C.A. case no. 4/2014 pending before the

Special M.C.O.C.A. Court Aurangabad may kindly be

stayed.

3.

Brief facts giving rise to the present appeal are as follows:

a.

The complainant Dinesh Kumar Ganeshan lodged a report at

Yarmala Police Station, District Osmanabad on 02.05.2014 stating

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therein that he was proceeding in a truck alongwith his assistant driver

Punrasu Kannan, from Salem (Tamil Nadu) to Bhilwada (Rajasthan)

for delivering 324 bags of sago (sabudana). During the journey, on

01.05.2014 at about 2.00 to 2.30 a.m., while they were 8 kms. ahead of

village Yedshi, one coffee coloured Bolero vehicle overtook their

truck and made them to stop it by parking their Bolero vehicle in front

the truck. Four persons alighted from the said vehicle holding wooden

rods in their hands and entered into the truck cabin, assaulted the

applicant and his assistant driver and took control of the truck. It is

further alleged in the F.I.R. that the four accused persons took the

truck towards Kalam while the Bolero vehicle was following them.

The accused persons stopped the truck 10 to 12 kms. ahead of Yarmala

square, snatched the mobile phones and cash amount of Rs.15,000/-

from the complainant and his assistant driver by threatening them, took

the complainant and his assistant driver into their Bolero car and threw

them in an empty well situated at the backside of Yedeshwari temple.

On the next day at about 11.00 am to 12.00 noon, when the

complainant gained consciousness, he found his assistant driver

missing. The complainant got out of the empty well and lodged report

with Yarmala Police Station where the offence under Sections 396,

397, 364, 412 and 201 of I.P.C. came to be registered.

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b.

The present appellant/accused came to be arrested in connection

with the aforesaid crime on 05.05.2014. On being produced before the

lear