-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION APPLICATION APPLICATION NO.3791 OF 2006 NO.3791 OF 2006 NO.3791 OF 2006 Sachin Vithoba Ghade ...Applicant v/s State of Maharashtra ...Respondents Mr U.P. Warunjikar for Applicant. Mr R.Y. Mirza, A.P.P. for Respondents. CORAM : S.C. DHARMADHIKARI J. DATE : 17TH NOVEMBER 2006. -2- P.C. :- 1. Heard Mr Warunjikar appearing for applicant and Mr Mirza appearing for State. 2. Mr Warunjikar has invited my attention to the order dated 25th September 2006 in criminal application No.3448 of 2006. Mr Warunjikar submits that the co-accused has been enlarged on bail by this Court vide this order. In his submission, the role played by the present applicant is more or less on par with that of the applicant in criminal application No.3448 of 2006. 3. Mr Mirza submits that the distinguishing feature with regard to the present applicant is that unlike the co-accused, he was an employee of the Company in the premises of which the robbery and theft took place. He submits that the brain behind the entire crime is the present applicant and he led the other accused to the spot and identified the articles as well. 4. The applicant, it is alleged, has left the services of the complainant’s factory, but provided details to the other accused. In my view, by such a distinction the applicant does not become disentitled for bail. The application of the present applicant who -3- led the co-accused to the place and assisted allegedly in the act, therefore deserves to be granted with stringent conditions. 5. Hence, following order :- i) The applicant arrested in connection with C.R. No.15 of 2006 registered with Shahupuri Police Station, District Kolhapur shall be enlarged on bail in the sum of Rs.25,000/- with one or two local sureties in the like amount. ii) The bail is granted subject to the condition that the applicant shall not enter the limits of Shahupuri Police Station so also the factory premises of the complainant’s factory. The applicant to report once in a week to Crime Branch, Kolhapur till the conclusion of the trial on every Saturday between 7.00 p.m. and 9.00 p.m. iii) The order of bail will be given effect only after the applicant furnishes to the Investigating Officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. -4- The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the Investigating Officer. iv) The bail is granted subject to condition that the applicant shall not directly or indirectly, make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. v) The applicant shall cooperate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the applicant to delay the trial may be a ground for cancellation of bail. vi) Any observation 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. vii) Application is disposed off in above terms. viii) Parties to act on an authenticated copy of this order.