1 (Crim appln 495 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 495 OF 2010 IN CRIMINAL APPEAL NO.1133 OF 2009 Shridhar Ramdas Singh ...Applicant Vs. State of Maharashtra ...Respondent ----- Mr.P.B. Patil for Applicant MR.J.P. Kharge- APP for the State ----- CORAM: V.M. KANADE J. DATED: 4TH AUGUST, 2010 P.C. 1. Heard the learned Counsel for the Applicant and the Learned APP for the State. 2. The Applicant is convicted for the offence punishable under section 397 of the Indian Penal Code and is sentenced to suffer R.I. for 7 years. The Applicant has already undergone one year and three months of actual sentence. 3. The prosecution case is that PW.1 and PW.3 were 2 (Crim appln 495 of 2010) traveling in the rickshaw and at that time, the Applicant gave a blow on the hand of the Complainant and took away the amount which was being carried by the Complainant in his bag. Since other witnesses raised hue and cry, some police constables, who were near the scene of offence allegedly apprehended the Applicant. It is an admitted position that the Complainant PW.1 and PW-3.and other witnesses did not see the present Applicant and according to them only after the police apprehended the Applicant, he was, thereafter seen by the witnesses. It is also an admitted position that the cash and the bag in which it was carried, has not been produced by the prosecution. The statement of the pancha witnesses also have not been supported to the prosecution case. 4. This being the position, in my view, the Applicant deserves to be released on bail. 3 (Crim appln 495 of 2010) 5. The Applicant, therefore, be released on bail on execution of a P.R.Bond of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station once in a month. 6. Application is disposed of. (V.M. KANADE J.)