1 cr-apln-4277-09 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 4277 OF 2009 Mangesh Kashinath Gaikwad ..Applicant VS. The State of Maharashtra ..Respondent .... Mr. S.N.Bhosale Adv. for applicant Mr. S.A.Shaikh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 26, 2010 P.C.: 1 Heard the learned advocate for the applicant-original accused no.1 and the learned APP for the State. 2 The applicant who is original accused no.1 in CR No. I-193 of 2006 of Central Police Station, Ulhasnagar, is seeking discharge. The said case is under Sections 399 and 402 of IPC. 3 The grievance of the applicant is that he had preferred application for discharge before the Sessions Judge, however, the said application was not being decided by the Sessions Court. As far as this 2 cr-apln-4277-09 aspect is concerned, the learned APP states that the said application has been decided by the learned Sessions Judge on 14.11.2009 and the said application came to be rejected. 4 The further grievance of the applicant appears to be that there is no progress in the trial of the present case i.e. Sessions Case No. 5 of 2007. As far as this aspect is concerned, the applicant is on bail in the present case. However, he is in custody in two other cases i.e. CR No. 80 of 2008 of Borivali Police Station (Sessions Case No. 82 of 2008) and CR No.13 of 2008 of DCB CID Crime Branch. 5 The main prayer of the applicant is that he is seeking discharge in CR No.I-193 of 2006. A perusal of the FIR shows that the complainant Police Head Constable Mr. Avhad has stated that an information was received that some persons were going to commit dacoity on the shop of a jeweler and six persons were going to assemble near Ram Mandir near Vitthalwadi Railway Station. Pursuant to the said information the police party along with panchas reached the spot. They saw 5 to 6 persons talking among themselves in a suspicious manner. The police chased them and caught three of the said persons. The other three persons ran away. The applicant was one of the three persons who was chased and apprehended by the police. On search of the applicant, a revolver with two live cartridges 3 cr-apln-4277-09 was found on his person which came to be seized under seizure panchnama. 6 In view of the facts stated in the FIR and the seizure panchnama, there is sufficient material to proceed in a case under Sections 399 and 402 as the material on record shows that the applicant and other accused had assembled near the Ram Mandir after making preparation to commit dacoity. Hence, no case is made out for discharge. Application is rejected. 7 This order be communicated to the applicant who is in jail. 8 Advocate Mr. S.N. Bhosale be paid fees as per the Rules. [ SMT. V.K.TAHILRAMANI, J.]