1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO 441 OF 2009 IN CRIMINAL APPEAL NO. 123 OF 2008 Shri. Raju Ramanna Muttu .. Applicant Vs The State of Maharashtra .. Respondents R.V. Gupta for the Applicant A.S. Shitole, APP for the State CORAM : A.R. JOSHI, J DATE : 05th May, 2009 P.C.: 1. Heard rival parties for sometimes. 2. It is an application for bail during pendency of appeal which has already been admitted by this Court. Said appeal is preferred against the judgment and order of conviction for offences under Section 392, 397 and 452 of IPC. Maximum punishment awarded for Section 392 and 397 is 7 years and for Section 452 of IPC is 5 years. Incident of robbery is of dated 30th August, 2006. Reportedly, present applicant - accused no. 1 was arrested on the spot after he was running away. During the trial, he was not on bail and as such till today, he is in custody for about 2 years ad 8 months. Reportedly, out of original 4 accused, accused nos. 2 and 4 were acquitted and accused nos. 1 and 3 were convicted. The present bail Rma APPA44109050509.sxw 2 application is filed by accused no. 1. Reportedly, he is a main accused who took the cash amount including Rs. 1000/- and odd and Rs. One Lac and odd. When he was apprehended, he was found in possession of Rs. 1000/- and odd and there was no trace of another amount of Rs. 1 Lakh and odd which according to prosecution, probably must have been passed to co- accused who escaped from the spot. 3. Considering the above position and considering the arrest of applicant - accused no. 1 on the spot immediately after the incident and finding of the part of looted amount and also a chopper used in the offence, in the opinion of this Court, it is not a fit case in which the applicant can be released on bail, hence, bail application stands rejected and accordingly disposed of. (A.R. JOSHI, J) Rma APPA44109050509.sxw 3 Rma APPA44109050509.sxw