1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5605 OF 2010 Datta Maruti Walke ...Applicant. v. State of Maharashtra ...Respondents. Mr. Ujwal Agandsurve ,adv. For the Applicant. Smt. G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 4, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.312 of 2010 registered at Karmala police station for the offences punishable under Sections 395, 363, 342, 506 of the I.P.C. 2 Prosecution case in brief is that a truck no. KA-01 C 3797, loaded with rubber used for making tyres, left Ernakulam and was to take the goods to Nashik. After taking night halt on a roadside dhaba, on 3.10.2010 at about 5.30 a.m. truck left for Nashik by Karmala-Nashik road. One Bhiman Kaveri, the first informant, was driving the truck. At that time Ramesh Sinapaiyyan, who was second driver was sitting with him. At about 6 a.m. when the truck reached near sugar factory road, one jeep of white colour No. MH 13 N 2513 of white colour came and 2 stopped across the truck and therefore, the truck was also required to stop. Seven persons armed with sticks came out from that jeep. One of them dragged driver of the truck outside and removed an amount of Rs. 1700/- from pocket of Bhiman. They also snatched an amount of Rs. 1000/- from Ramesh. Thereafter, their hands and eyes were tied with rope and they were made to sit under a vehicle so that they could not be seen nor they could shout. Truck itself was hijacked alongwith the goods and thereafter some of its tyres were removed. Later on, patrolling party of the police got information that some highway robbery had taken place. At about 9 p.m. the police party noticed said truck and the jeep at Konden road side and stopped the same. From the truck three culprits were taken in custody. Jeep was also stopped. There were four persons in the jeep. One of them was caught and other three ran away taking the benefit of darkness. Both the drivers of the truck were found lying in the jeep with their hands and legs tied. The present applicant Datta M. Walke, who was admittedly owner of that jeep, was allegedly caught in the jeep alongwith said two drivers. Three tyres of the truck were found loaded in the said jeep and those tyres were seized from the jeep. Jeep and the truck also came to be seized. 3 The learned counsel for the applicant contends that 3 applicant is innocent. He was not present at the spot of the incident. He was arrested from Karmala where he resides. However, circumstances which are revealed by the FIR, statement of second driver Ramesh and statement of police staff from the patrolling party , who had caught the culprits, show that the present applicant, who was owner of the jeep, was very much present at the time of commission of offence and he was also caught from the jeep, wherein both the drivers of the truck were found. Prima-facie, it appears to be case of highway dacoity and prima- facie, it appears that the present applicant was involved in the commission of crime. If bail is granted, there is every possibility that the applicant may either abscond or may tamper with the prosecution evidence. In view of the nature of the offence committed by him, it will be dangerous to grant him bail. 4 Therefore, application stands rejected. (J.H. BHATIA,J.)