1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1352 OF 2010 Rajkumar Lalbahadur Prasad )..Applicant Vs. The State of Maharashtra )..Respondent ---- Ms.Sharmila Kaushik for the applicant. Smt. V. R. Bhonsale APP for the State. ---- Coram : R.S.MOHITE,J Date : 9th April, 2010 PC 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No.366 of 2009 registered by the Band Garden Police station for alleged offences under Section 394 read with 34 of IPC. The incident in question occurred on 6.9.2009. The prosecution case is that the complainant Abhishek Avinash Kore was walking along Sadhu Waswani road and talking on a mobile, where two persons attempted to snatch his mobile. The complainant held down the motor-cycle and therefore, the applicant was held on the spot. The applicant who was a pillion rider was arrested on the spot. Though it is seen that there are 3 abrasions on the elbow, one on hip and 2 contusions, the injuries are simple in nature. The question arises as to whether Section 394 is attracted and these injuries are caused at the time of commission of theft. There is a possibility that ultimately, the conviction may be under Section 392 of IPC. Taking into account these facts as also taking into account the fact that the present applicant is in jail for more than six months, I am inclined to grant bail. It is therefore, directed that pending his trial in connection with 2 C.R.No.366/2009 registered by the Band Garden police station, the applicant will be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer once a fortnight on 1st and 3rd Mondays till the disposal of the trial and subject to the further condition that he will not tamper with the witnesses and will attend all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3