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Bombay High Court

AMIT MACHHINDRA SHETEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted bail to the applicant with conditions.

Summary

The applicant, Amit Machhindra Shete, was charged in Crime No. 332 of 2024 for offences including robbery, criminal intimidation, and violations under the Arms Act, Criminal Law Amendment Act and MCOCA. The prosecution alleged that on 27 June 2024 the co‑accused attempted to rob a jewellery shop while the applicant was merely sitting in a car outside the premises. The applicant contended that he did not enter the shop, had been in custody for over 19 months without trial progress, and therefore sought regular bail. The State highlighted the applicant’s antecedent and the risk of absconding or tampering with evidence. The Court, after reviewing the charge‑sheet and noting the lack of direct participation and the prolonged pre‑trial detention, granted bail on a personal bond of Rs.30,000 with two sureties and imposed standard conditions. The order emphasized that the trial court must decide the case on its merits independently of the bail order.

Issues considered

  • Whether bail should be granted to an accused alleged to have been merely present in a vehicle during a robbery under serious offences including MCOCA.
  • Whether the length of pre‑trial detention (19 months) and lack of trial progress justify the grant of bail.
  • Whether the risk of absconding or tampering with evidence warrants denial of bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • MCOCA
  • robbery
  • Indian Penal Code
  • criminal procedure
  • surety
  • trial delay

Judgment

                                                                             3-BA-4101-2025 (CR).doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                      BAIL APPLICATION NO. 4101 OF 2025

                      Amit Machhindra Shete                               ...Applicant
                      versus
                      The State of Maharashtra                            ...Respondent
                      _________________________________________________________________
                      Mr. Vipul Dushing along with Tanmay Kate, Mr. Ashraf Kazi and Mr.
                      Shivdarshan Khedkar, Advocate for Applicant.
                      Mr. P. P. Jadhav, APP for Respondent-State.
                      PSI-Uma Gawade, Talegaon Dabhade Police Station, Pimpri Chinchwad,
                      present.
                      _________________________________________________________________

                                                           CORAM       :   SHIVKUMAR DIGE, J.
                                                           DATE        :   20th FEBRUARY, 2026.
                      P.C. :

                      1.         By this application, the applicant is seeking regular bail in

                      Crime No. 332 of 2024 registered with Talegaon Dabhade Police Station,

                      District Pune, for the offences punishable under Sections 387, 398, 504,

                      506(II) of the Indian Penal Code, Section 37(1)(3) read with Section 135

                      of the Maharashtra Police Ac, Section 4(25) of the Arms Act, Section 7 of

                      Criminal Law Amendment Act and Section 3(1)(ii), 3 (2) and 3(4) of the

                      Maharashtra Control of Organised Crime Act, 1999.

                      2.         It is prosecution’s case that on 27th June 2024, the co-accused

                      entered the jewellery shop of the first informant and, by threatening with
         Digitally
         signed by    sickle, attempted to rob the gold ornaments. It is alleged that at the time of
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR  KADAM
KADAM    Date:        the incident, the applicant was sitting in a car outside the said shop.
         2026.02.24
         10:48:57
         +0530

                                                        Page 1 of 3
                                                      3-BA-4101-2025 (CR).doc


Shubhada S Kadam


3.         It is contention of learned counsel for the applicant that the

applicant is behind bars for more than 19 months. The allegation against

the applicant is only that he was sitting in the car outside the said shop.

The applicant neither entered the shop nor attempted to rob the first

informant’s shop. It may take time to conclude the trial and requested to

allow the application.

4.         It is contention of learned APP that the applicant has one

antecedent. He was sitting in the car which had brought the co-accused for

committing the robbery. An iron rod has been recovered at the instance of

the applicant. If the applicant is released on bail, he may abscond. The

role of the co-accused is different from that of the present applicant.

Hence, requested to reject the application.

5.         I have heard both learned counsel, perused charge-sheet and

documents produced on record. The role attributed to the applicant is that,

at the time of the robbery, he was sitting in the car. He has not entered

into the shop of the first informant. To prove the role of the applicant in

the crime, evidence will be required. The applicant is behind bars for more

than 19 months. There is no progress in the trial. It may take time to

conclude the trial. Considering these facts, I pass following order:

                                  ORDER

        (i) The applicant be enlarged on bail in Crime No. 332 of 2024

                                 Page 2 of 3
                                                      3-BA-4101-2025 (CR).doc


Shubhada S Kadam


            registered with Talegaon Dabhade Police Station, District Pune,

            on executing P.R.Bond in the sum of Rs.30,000/- with one or

            two sureties in the like amount.

        (ii) The applicant shall attend the concerned police station as and

            when required.

        (iii) The applicant shall not tamper with the evidence or attempt to

            influence or contact the complainant, witnesses or any person

            concerned with the case.

           The application is allowed in the aforesaid terms and is

accordingly disposed of.

6.         It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

7.         All concerned to act on the authenticated copy of this order.



                                               (SHIVKUMAR DIGE, J.)




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