1 Cri-A-5617-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5617 OF 2010 Shri Ganesh Laxman Lahamage ... Applicant Vs. The State of Maharashtra ... Respondent Mr.R.R.Galange,Advocate, for the applicant. Smt. G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 3rd February, 2011. P.C. 1. Heard. 2. The applicant seeks to be released on bail in Crime No. 281/2010 registered at Panchvati Police Station for the offence under Sections 395, 452, 323, 504,506, 411 of IPC and Section 135 of the Bombay Police Act. 3. Prosecution case, in brief, is that during the night between 31.5.2010 and 1.6.2010 at about 2 a.m., the door of the house of the first informant Pappu Kishor Gupta was knocked. He opened the door and abruptly 5 - 6 persons entered into the room and began to assault with fist and kick blows. One of them was having a knife. At the point of knife, those persons snatched away amount of Rs. 6,000/-, two mobile handsets, one wrist watch and a suit case. After the culprits 2 Cri-A-5617-10.sxw ran away, said Pappu lodged the FIR at about 4 a.m. At 5 a.m., the present applicant was arrested by police with a wrist watch of Sonatex Co. worth Rs. 300/-. It was an old used watch. According to prosecution, he also disclosed names of other culprits and they also came to be arrested. According to prosecution, earlier also Crime No.622/2008 under Sec. 392 of IPC was registered against him and he was bailed out. 4. Learned Counsel for the applicant contends that he is a young boy aged about 20 years and the wrist watch seized from him was old and worth only Rs.300/-. Police Officer instructing the learned APP has no knowledge whether in the earlier case there was any recovery from the present applicant. It appears that large number of under-trial cases are pending and therefore, it is difficult to say when this case would come up for trial. 5. Taking into consideration the above circumstances, the applicant be released on his executing P.R. of Rs.15,000/- with a solvent surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall attend Panchvati Police Station everyday between 7 p.m. and 8 p.m. for three months and then on every Monday till the end of the trial. (J.H.BHATIA,J.)