IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CRIMINAL CRIMINAL CRIMINAL APPLICATION No. 2595 of 2007. APPLICATION No. 2595 of 2007. APPLICATION No. 2595 of 2007. Asad Kasam Shaikh ..Applicant. Vs. The State of Maharashtra ..Respondent. Mr Ayaz Khan, Advocate for the applicant. Mr S. S. Pednekar, A.P.P for the State. CORAM: CORAM: CORAM: V.C. DAGA,J. V.C. DAGA,J. V.C. DAGA,J. DATED: DATED: DATED: 24th August, 2007. 24th August, 2007. 24th August, 2007. P.C.:- P.C.:- P.C.:- 1. Heard learned counsel for the applicant and learned APP for the State. 2. Perused application and the material available on record. 3. The applicant, arrested in C.R.No. I-163 of 2007, registered with Mumbra Police Station for the offence punishable under Section 364, of the I.P.C. 4. It is the prosecution case that the minor child of the complainant; namely, Mehtab Nanhekhan, aged 14 years, was missing from 14.1.2007. On 29.3.2007 complainant lodged the complaint that 4 days prior to the incident of abduction that one of his neighbours at Mumbra, one Arshad, had asked for Rs. 50/- by way of hand loan which was refused by him. As a reaction of refusal to ( 2 ) pay said Arshad had warned the complainant about dire consequences. The complainant prima facie suspected that the applicant must be a person who must have kidnapped his minor son. Except this statement of the complainant, there is no material available on record to connect the applicant with the offence alleged. Charge sheet has already been filed. Investigation is almost complete. There are no antecedents against the applicant. 5. Under the above circumstances, I am inclined to grant bail to the applicant on following terms and conditions:- a] The applicant arrested in connection with C.R.No.163/2007 registered with Mumbra Police Station under Section 364 of the IPC shall be enlarged on bail in the sum of Rs. 10,000/-with one or two sureties in the like amount. b] He shall report to Police Station Mumbra once in a week i.e. Saturday in between 3.00 to 5.00 p.m. till conclusion of the trial. c] The applicant shall not, directly or indirectly, make any inducement or ( 3 ) threat to any prosecution witnesses and shall not, in any manner, tamper with the prosecution evidence. d] The applicant shall co-operate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the applicant to delay the trial may be a ground for cancellation of bail. e] Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. 6. Application is disposed of in above terms. (V.C. (V.C. (V.C. DAGA,J.) DAGA,J.) DAGA,J.)