1 BA-1616-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1616 OF 2011 Gulam Gaus @ Bablu Mohamed Islam Shaikh .. Applicant (accused No.5) vs. State of Maharashtra .. Respondent Mr. Abdul Rab,Advocate, for the applicant. Mrs. P.P.Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th November, 2011. P.C. 1. Heard. 2. The applicant, who is accused No.5, seeks to be released in Crime No.372/2010 registered at Manickpur Police Station, District thane, for the offence under Sections 399 and 402 of IPC. 3. The prosecution case, in brief is that on 9.10.2010, the patrolling party of the local Crime Branch got information that one Ajaykumar Mahanto and his 4 or 5 companions had planned to commit dacoity in a house in Snehal Apartment at Manikpur Chulna Village and they would be coming by Tata Sumo 2 BA-1616-11.sxw Car. Therefore, the police team took position near the said spot. At about 9.45 p.m, a Tata Sumo Car came and stopped there. Four persons alighted from the car and they were chit-chatting with the driver of the said Car. All of them were nabbed. Accused Nos. 1 to 4 were the persons from whose possession sharp and cutting weapons like long knife, choppers were recovered. All these weapons were concealed by them in their pants. During search of the car, a chopper was found lying under the driver’s seat. The applicant was driver of the said car. All the five persons were arrested and the weapons as well as the Tata Sumo Car were seized under a panchnama. The report was lodged by Police Naik. The car belonged to one Suhas Shivaji Patil. The present applicant was working as a paid diver of that car. According to the applicant, he was arrested from his house and not on the spot. However, that cannot be considered at this stage. 4. The investigation is completed and the charge sheet is filed. The charge sheet does not reveal that the present applicant was involved in commission of any other offence. The whole case is based on the statement of the policemen that Ajaykumar and his companions had planned dacoity. The applicant appears to have a fixed place of work and residence and he was the paid employee of the owner of the car. The applicant is in custody for more than one year. I do not see any valid reason to refuse bail to him. 3 BA-1616-11.sxw 5. The applicant be released on his executing P.R. of Rs.15,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall attend the Manickpur Police Station on first day of every month between 6 to 8 p.m. till end of the trial. (J.H.BHATIA,J.)