mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.17 OF 2009 IN CRIMINAL APPEAL NO.7 OF 2009 Bhavesh Prem Bhatia and anr. Applicants versus The State of Maharashtra Respondent M.K.Kocharekar for applicants. J.P.Yagnik, APP for respondent. CORAM : A.S.OKA, J. DATE : 22nd January 2009 PC : 1. The applicants are the accused nos.4 and 11 who have been convicted for the offences punishable under sections 395 and 397 of the Indian Penal Code. The maximum substantive sentence is ten years. The accused no.4 has been also convicted under section 120-B of the Indian Penal Code. 2. It is not in dispute that the applicants were on bail during the pendency of the trial. The learned counsel for the applicants has taken me through the findings recorded against the applicants and evidence against them. According to him, as far as accused no.4 (applicant no.1 herein) is concerned, the only evidence against him is of recovery of cash amount of Rs.15,000/- as well as Rs. 75,000/- at his instance. He pointed out that as far as accused no.11 is concerned, his conviction is based on surmises. The Court has found that the accused no.11 was employed in a courier company where PW-1 (complainant) was working and on the relevant date he was absent from duty. 3. The learned APP submitted that the accused no.4 (applicant no.1 herein) has been convicted even for the offence under section 120-B of the Indian Penal Code and, therefore, no case is made out for interference. He pointed out that two cases containing the allegation of offence under section 420 as well as section 379 of the Indian Penal Code are pending against applicant no.1 (accused no.4) and hence, no case is made out for grant of bail. 4. I have considered the submissions. Both the applicants were admittedly on bail during the pendency of the trial. Perusal of the impugned judgement shows that the only finding recorded against the accused no.11 (Ramlal) (applicant no.2 herein) is that he was working in the same courier company where PW-1 (complainant) was employed and that on the relevant date i.e. on 23rd October 2005 the accused no.11 was absent from his duty. It is pertinent to note that the conviction for the offence under section 120-B is against the fourth accused and not against the 11th accused. Insofar as accused no.4 is concerned, a witness was examined to show that the said accused had paid him a sum of Rs.15,000/- who admitted that the said amount was paid prior to the date of incident. As far as recovery of Rs.75,000/- is concerned, it is from the residence of the accused no.4. 5. Considering the aforesaid peculiar facts and considering the fact that there is no direct evidence of involvement of the applicants in the offence and considering the fact that they were on bail during pendency of the trial, they are entitled to be enlarged on bail subject to conditions. So far as applicant no.1 (accused no.4) is concerned, stringent conditions will have to be imposed. 6. Hence, I pass following order :- (a) The applicant no.1 Bhavesh Prem Bhatia shall be enlarged on bail in the sum of Rs.25,000/- with one or two sureties in the like amount. The bail is granted subject to the condition that he will report to the office of D.C.B; C.I.D. Mumbai on every first and third Monday of every calender month till the disposal of the appeal; (b) The applicant no.2 Ramlal Valaji Prajapati shall be enlarged on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. The bail is granted subject to the condition that the applicant no.2 shall report to the office of D.C.B; C.I.D. Mumbai on every first Monday of every calender month till the disposal of the appeal. (A.S.OKA, J.) ms t IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.7 OF 2009 Bhavesh Prem Bhatia and anr. Applicants versus The State of Maharashtra Respondent M.K.Kocharekar for applicants. J.P.Yagnik, APP for respondent. CORAM : A.S.OKA, J. DATE : 22nd January 2009 PC : 1. Admit. Learned APP waives service. Call for record and proceedings. (A.S.OKA, J.)