1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1723 OF 2010 Mr.Suresh Kaluram Sharma )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Vaibhav Jathar for the applicant. Smt.A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 5th May, 2010 PC 1 This is an application for grant of bail. The applicant is shown as an accused in connection with C.R.No.61/2009 registered by the Lonavala City Police for alleged offences under Sections 396, 341 & 201 of IPC. The incident in question is supposed to have taken place on 29.4.2009. It is the case of the prosecution that accused no.1 Anwar and four others including the present applicant were planning to commit theft of diesel. They were waiting for a tanker which was having one driver. They saw the tanker of the deceased Rajesh. They stopped the tanker and boarded the same. While they were driving the tanker away, driver woke up and in such circumstances, one of the accused, Anwar hit him with a wooden stick. There is no recovery made from the present applicant as no diesel was actually stolen. The material against the present applicant is a statement of the co- accused. The applicant is not identified in an identification parade. In these circumstances, I am inclined to grant bail. It is therefore directed that pending his trial in connection with C.R.No.61/2009 registered by the Lonavala City police, the applicant may be released on 2 bail in the sum of Rs.20,000/- with one local surety from Bombay city in the like amount subject to the condition that he reports to the Investigating officer once a fortnight on every 1st and 3rd Mondays of every month, does not tamper with witnesses and remains present on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3