1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.84/2011 (Shaikh Akram Abdul Sadiq .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Patwardhan, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant/State. .......... CORAM : P.D. KODE, J. DATED : MARCH 09, 2011 Heard. The prayer for bail made by the applicant/accused arrested on 15.1.2011 by Rana Pratap Nagar Police Station, Nagpur in connection with Crime No.16/2011 for offence under Sections 363, 364 (A), 384, 506 (B) r/w 34 of the Indian Penal Code is vehemently objected by the learned APP on the ground of involvement of the applicant being borne by the material collected during the investigation. It is urged that the applicant was involved in conspiracy to kidnap Ravi Dhoke and to collect ransom amount of Rs. 5,00,000/- from his father Bhanudas Dhoke. It is urged that involvement of applicant is spelt from the circumstances emerging from the prosecution material to the effect : (i) the applicant was found standing at the 2 square near Darga near Ajni railway quarter for receiving ransom which was to be collected by accused no.2 for further handing over the same to the main accused no.3; (ii) the prosecution material reveals that accused no.3 had called on mobile of applicant on 14.1.2011 and 15.1.2011; (iii) accused no.3 had called accused no.2 on 15.1.2011. It is urged that considering the aforesaid circumstances in light of prosecution case against the accused persons, they are sufficient to infer the involvement of applicant in the conspiracy and hence the applicant should not be released on bail. The aforesaid submissions were countered by the learned counsel for the applicant that all the said circumstances by itself even prima facie are not sufficient to lead to the conclusion of the involvement of the applicant in the offences, as alleged. It is urged that the said circumstances considered in proper perspective, reveals the same being innocuous nature. Standing by applicant at particular place, without there being any further material to indicate that the applicant was standing at the said place for the purpose as alleged and so also accused no.3 having called him on phone, as alleged, without there being further material regarding the said talk being related with the commission of offence alleged, by itself would be innocuous circumstance. It is urged that even case regarding third circumstance is also no different, as the 3 same is a talk between other co-accused and the applicant is not involved therein. It is further submitted that there is hardly any material regarding the subject matter to which the said talk is related. It is urged that thus there being paucity of material linking the applicant with the crime alleged, his prayer for bail may be accepted. The perusal of the prosecution material in the diary prima facie justifies the submissions made by the learned counsel for the applicant. In short, it is the prosecution case that the son of first informant was kidnapped on 14.1.2011 and, thereafter, ransom amount of Rs.5,00,000/- was asked. The material collected by investigating agency does not reveal any overt-act committed by the applicant by which his involvement in conspiracy can be inferred. The order being passed at interim stage, without detailing the matters from the record of investigation, it can be said that the same does not reveal any act committed on the part of the applicant either for furthering or achieving object of conspiracy or commission of offence, as alleged. In view of the same, the prayer for bail will deserve consideration. However, considering the nature of crime committed, it will be necessary to seek heavy bail and imposing strict conditions to avoid misuses of same. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or more solvent surety in the like amount and subject to the 4 conditions that applicant - (i) shall attend the Rana Pratap Nagar Police Station, Nagpur in between 11.00 am and 2.00 pm on every Monday until further order, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande