1appln-1164-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1164 of 2010 Sudhakar Sopan Dongre vs.State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Rahul Kadam i/by A.G.Waghole, for the Applicant. Mr P.S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JUNE, 2010. P.C.:- 1. Heard rival submissions on this application for regular bail preferred by the applicant – original accused No.2 in the matter of offences punishable under Sections 395,109, 120-B and 342 of I.P.C. 2. Admittedly, role attributed to the present applicant was that he was waiting outside the shop which was robbed by the co-accused. The applicant was waiting in the vehicle at driver’s seat in order to allegedly facilitate his colleagues to flee away from the spot after the incident. His four associates allegedly robbed the shop, out of them two entered the shop and looted the complainant for total amount of Rs.20,000 to 22,000/- and odd. Two other associates remained outside the shop, keeping watch and allegedly present applicant was still outside on the 2appln-1164-10 road in the vehicle at the driver’s seat. Admittedly, he has not been put to test identification parade presumably that nobody had seen him during the incident. However, according to the prosecution, he was identified by some another shopkeeper saying that he along with two other persons attended his shop for purchase of knives. Only on this evidence present applicant is arraigned in the present matter. 3. Reportedly, two co-accused who were keeping watch outside the shop were released on bail by this Court by separate two earlier orders. The main accused who entered the shop and robbed the shopkeeper was released by the Sessions Court under the provisions of Section 167 (2) of Cr.P.C.as the Investigating Officer did not file charge sheet within the stipulated time. 4. Reportedly, there are no antecedents against the present applicant. Hence, present application is disposed of by the following order: ORDER: (a) Criminal Application No. 1164/2010 is allowed. (b) Applicant Sudhakar Sopan Dongre shall be released on bail on executing a P.R.bond in the sum of Rs.15,000/- with one surety of the like amount. (c) Any observations 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. (A.R.JOSHI,J) 3appln-1164-10