1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4052 OF 2008 Bhoor Singh Amarsingh Rajput .. Applicant. Vs. The Senior Police Inspector and Anr. .. Respondents. Mr.Rahul S.Thakur for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH DECEMBER, 2008. DATED : 18TH DECEMBER, 2008. DATED : 18TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-151 of 2007 of Uran police station, Dist.Raigad. The said crime has been registered against the applicant and ten others for having allegedly committed an offence punishable under sections 395, 412, 452 r/w 34 of IPC. 3. The investigation is over and the charge-sheet has been filed. The prosecution case is that on 18.11.2007 at about 10.30 - 10.45 am three accused committed dacoity and robbed the jewellery worth Rs.9,50,000/-. It is not the prosecution case that the applicant had taken part in committing dacoity. There is recovery of some gold ornaments at the instance of the applicant. Mr.Thakur invited my attention to the order passed by this court dated 20.8.2008. By this order Babhut Suta Bharti, one of 2 2 2 the co-accused came to be released on bail. He submitted that the allegations against the applicant and Babhut Suta Bharti are identical and, therefore, the applicant is entitled for bail on parity. Mr.Shinde, learned A.P.P. invited my attention to the statement of one Nathu Singh, and submitted that the applicant was seen alongwith the three accused, who allegedly committed dacoity, before the alleged incident and, therefore, he cannot claim bail on parity. However, keeping in view the nature of allegations against the applicant and considering that he was not the person who had taken part in committing dacoity I am inclined to enlarge him on bail. Hence the following order: . The applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every 1st and 3rd Saturday of every month between 7 and 8 pm till conclusion of the trial. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)