abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 530 OF 2008 Kalidas Chandrakant Gore .. Applicant V/s The State of Maharashtra .. Respondent Mr.S.V. Kotwal i/b Mr.M.S. Mohite for the applicant. Mrs.M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 28TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant, who has been caught red handed and arrested on 18th July 2007, seeks bail in connection with an offence registered with Khadki Police Station, Pune under C.R. No.134/2007 punishable under section 395 of the Indian Penal Code, section 4(25) of the Arms Act and sections 47 and 135 of the Bombay Police Act. 3. The prosecution case in short is that on 18th July 2007 at about 10.15 p.m., the applicant along with - 2 - other co-accused rang the door bail of the flat of Vinod Suresh Kamble, the complainant. The wife of the complainant opened door. The applicant overpowered her and gagged her mouth. The applicant and his accomplices were wielding weapons like knives and sickle. Two of them entered the house and assaulted and injured the complainant with the weapons and took away his wallet and money. While the culprits were running away, three of them were caught by the residents in the society hearing the shouts of the complainant. Applicant is one of the persons who was caught. Two of the persons standing on the ground floor, perhaps keeping a watch however ran away. The police were called and the applicant and two other persons, who were caught red handed, were arrested and produced before the court. 4. Learned counsel for the applicant submitted that co-accused Mayur Sitaram Sawant has been granted bail and the applicant therefore be granted bail on parity. Mayur Sawant was arrested on the basis of the statement made by the applicant and two other persons apprehended on the spot. He was not caught on the spot. In the circumstances, his case is different than the case of the applicant who has been apprehended on the spot and identified by the complainant and his wife. 5. The offence is serious punishable with - 3 - imprisonment for life or for 10 years. There is strong prima facie evidence against him. The learned Sessions Judge has also rejected the application on the ground that there is strong prima facie case and the offence is serious. I see no reason to take a view different than the one taken by the learned Sessions Judge. The application is rejected. (D.G. KARNIK, J.)