Bombay High Court: Sarang V. Kotwal, J., granted bail to an accused observing that his act by itself does not amount to recce.
Applicant sought release on bail for offence registered under Section 396 of the Penal Code, 1860.
Govind Tulshiram Surase in the FIR stated that his father was working as a watchman and on 26-03-2019, he had left to attend his duty at around 8.30 PM but did not return the next morning.
After searching for long Informant’s father was found dead in the cabin of a dumper parked on the highway with injuries on his person.
In view of the above FIR was lodged against unknown persons and applicant was arrested.
Applicant’s counsel submitted that there is hardly any evidence against the applicant. The informant’s statement mentioned that he had seen 3 persons come near the spot and left without any communication with anybody.
Applicant’s counsel further added that the case against the present applicant appeared that he had conducted Recce around the spot and therefore he was sought to be roped in as one of the offenders.
Circumstance being very weak, he deserves to be released on bail.
Decision
Bench on considering the submissions stated that the allegation against the applicant with regard to conducting reccee of the spot is not supported by any cogent evidence.
Further, the witnesses gave no description of the persons who had conducted recce.
In any case if some unknown person had come to the spot and left the spot that by itself may not amount to conduct of recce.
Court added that the statement is based on mere suspicion and subsequent identification of the applicant in the test identification parade is not of much importance.
Hence the applicant was granted bail with some conditions.[Akash R. Lokhande v. State of Maharashtra, 2020 SCC OnLine Bom 887, decided on 28-08-2020]