IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.411 OF 2009 IN CRIMINAL APPEAL NO.1245 OF 2008 Rakesh Gopal Shetty .. Applicant V/s. The State of Maharashtra .. Respondents Mr.M.H.Bhanderkar for the Applicant. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 23rd , 2009. P.C. Heard the rival submissions on the present application for bail preferred by applicant original accused No.1. He is convicted for the offence punishable under section 452, 392 read with section 397, 341 of Indian Penal Code as co-accused No.2 was also convicted for the same offence and also for the offence punishable under Arms Act. Present Applicant was sentenced to suffer rigorous imprisonment for 1 maximum seven years and certain fine amounts. The case against the applicant accused No.1 is that he alongwith his three other associates entered the premises and robbed P.W.1 of the amount about 15 lakhs or so. Allegedly at the instance of present applicant a cash amount of Rs.58,800/- was recovered from one woman staying at Kamathipura, Mumbai. Applicant is also staying at Kamathipura, Mumbai and aged about 28 years and not having any known avocation. He has been identified by about four prosecution witnesses and also identified in the identification parade. 2. Applicant is in custody for about one and half years and his maximum punishment is seven years with fine. Considering his conviction for the offence as mentioned above and after hearing the rival submissions and after going through notes of evidence annexed to the present application, it must be said that it is not the case in which during the pendency of the Appeal applicant can be released on bail and hence present bail application is dismissed and accordingly disposed of. (A.R. JOSHI, J.) 2