Cri. Appln. No. 2636/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2636 OF 2011 Jagdish Malu Mondula, R/o. Nampada, Post Sogaon, Tq. Shahapur, Dist. Thane. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. Y.B. Pathan, Advocate for applicant. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 4th August, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 182/2010 registered in Bhingar Camp Police Station, Dist. Ahmednagar for offence punishable under section 394, 34 of IPC and under section 3 r/w. 25 of the Arms Act. The papers of investigation were made available. Both the sides are heard. APP also showed some record in respect of two crimes registered against the present applicant. 2. The crime is registered on the basis of report given by one Sunil Joshi. He has contended that on 20.12.2010 in the night time, when he was present at Chandni Chowk, Ahmednagar as he wanted to return to Aurangabad, lift was offered to him in Scorpio jeep. He has contended Cri. Appln. No. 2636/11 2 that one person was sitting on the front seat and one person was sitting by his side. There was third person, who was driving the vehicle. He has given description of the person who was sitting by his side in the jeep. He has contended that after crossing some distance, the person sitting by his side took out the pistol and after pointing the pistol, he took away the cash amount of Rs. 2500/-, one mobile handset of Samsung Corbi Company, one gold ring of one tola, one wrist watch of Sonata Company from him and he also took ATM card. He has contended that the vehicle was then taken to one ATM center and from there amount of Rs. 9,000/- was withdrawn by giving threat to him. 3. Police papers show that after arrest of the present applicant, he gave statement under section 27 of the Evidence Act and on the basis of that statement pistol came to be recored and cash amount of Rs. 7000/- was also recovered. Scorpio vehicle was also recovered. Police papers show that the complainant identified the pistol and the present applicant. 4. Two more crimes of similar nature are registered and similar modus operandi was used by the applicant in other crimes also. This material is sufficient to make out the prima facie case. As he is involved in three cases, bail cannot be granted to him. Cri. Appln. No. 2636/11 3 5. The advocate for the applicant submitted that the applicant wants to appear for examination of 12th Standard which will be held in October 2011. In that case, he can apply to Jail Superintendent and with squad the applicant can be taken to examination center. He will have to give expenses of squad and its conveyance. 6. The application stands rejected. 7. The Trial Court is to make every attempt to expedite the trial and in any case within eight months from the date of receipt of this order. [ T. V. NALAWADE, J.] ssc/criapln2636.11