IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO. 270 OF 2009 IN CRIMINAL APPEAL NO. 218 OF 2009 M/s Prakash Janu Patade and others .. Applicant Versus The State of Maharashtra and others .. Respondents Mr. Rajbali Dube, for the Applicant Mr. Rajesh More, AGP, for the Respondents-State CORAM: MRS. MRIDULA BHATKAR, J. DATED: 8th April, 2009 P. C. 1. This an application for Bail. The applicants, who are original accused Nos. 2, 4 and 6, convicted for the offence punishable under Section 395, 397 and 342 r/w 34 of Indian Penal Code by the judgement dated 19th January, 2009, delivered by the 3rd Ad-hoc Additional Sessions Judge, Sewree, Mumbai. They all are under going, maximum sentence of 7 years and fine. It is submitted by the learned counsel appearing for the Applicants that Accused nos. 2 and 3 were prosecuted and tried for similar type of offence of robbery and they were acquitted. There is no criminal antecedents against accused no.1. He has further submitted that the offence has taken place on 19th January, 2005 and all these accused were arrested after one year i.e. on 13.7.2006. and accused Nos. 3 was arrested on 31st July, 2007. He further submits that Test Identification Parade was conducted on 31st June, 2006 i.e. after one year of the date of incident. He further submits that all the accused were on bail pending trial. -2- 2. The learned counsel for the prosecutor opposed this application on the ground that the Police apprehends that the accused, if released on bail, they are likely to commit similar type of offence in future. 3. Perused the judgement. Considered the nature and gravity of the offence. It is true that Accused Nos. 2 and 3 were prosecuted for the similar type of offence and they were acquitted and accused No.1 has no such record to his credit. It is an admitted fact that all these accused were arrested after one year. The apprehension of the learned prosecutor as regards possibility of accused committing similar type of offence in future also cannot be ruled out. However, if at all, in future, any offence is committed by the accused, then the police or prosecution always can move for cancellation of the bail in the present case. The accused were on bail through out the trial. O R D E R 1. Bail application is allowed. 2. The Applicants/accused be released on bail on furnishing Bail bonds of Rs.20000/- with one or two sureties in the like sum. 3. The Applicants/accused are directed to attend/report Dongri Police Station, Mumbai, once in a month, on any day in the first week of every month. 4. The Applicants shall, before release, furnish their addresses to the concerned Police station, where they proposes to stay after Bail. ( MRIDULA BHATKAR, J.)