1 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1421 of 2011 Mohd. Hussein Mohd. Salim Mansuria @ Lala .. Applicant -Versus- The State of Maharashtra ... Respondent Ms. Anjali Awasthi for applicant. Mrs. A.A. Mane APP for State. CORAM : SMT. R.P. SONDURBALDOTA, J. Date : 30th November, 2011. P.C.:- 1. This is the fourth Bail Application filed by the applicant herein. His first bail application was rejected by Sessions Court on 28th June 2011. Soon thereafter on 4th July 2011, he filed Bail Application No. 998 of 2011 before this Court. During the pendency of the application before this Court, charge- sheet came to be filed by Police on 25th July 2011. Therefore, the applicant filed another bail application before the Sessions Court being Bail Application No. 421 of 2011 on 11th August 2011 without disclosing therein the pendency of the application before this Court. His second bail application before the Sessions Court was rejected on 12th August 2011 on the ground that filing of chargesheet by itself is not a 2 change in the circumstance. Four days thereafter i.e. on 16th August 2011, the bail application pending in this Court was withdrawn by making a statement that chargesheet had been filed in the matter. He filed the present application on 5th November 2011. The conduct of the applicant in filing an application for bail before the Sessions court during the pendency of the application before this Court is deplorable. However, it is obvious that the mistake is not of the applicant but of the lawyer appearing for him. 2. The applicant is arrested in C.R. No. 96 of 2011 for the offence punishable under Sections 395 and 504 read with Section 120-B of Indian Penal Code and under Sections 4,25 of Arms Act. It is the prosecution case that on 16th April 2011, the complainant reached Mumbai at about 6.30 am. carrying a sum of Rs.31,45,000/- belonging to his employer. The amount was to be handed to the cousin brother of the employer. After reaching Mumbai, he went to Crawford Market, where he was to meet person to whom the money was to be handed over. When he was near bus stop, an unknown person threw chilly powder in his eyes and tried to snatch the bag. Since the complainant was holding the bag tightly, that person starting abusing the complainant, when two more persons came there and one of them gave a blow by a sharp weapon on his right hand. With that bag containing the money got released from the hands of the complainant. All the three persons fled away on motor bikes with the bag. 3. After his arrest, while in custody, at the instance of the applicant, the Police have recovered the motor cycle used in committing the offence and cash amount of Rs.76,000/-. Thus, there is material on 3 record against the applicant indicating his involvement in the crime. However, considering the fact that the charge-sheet has already been filed, no useful purpose can be served by keeping the applicant in further custody. Hence, the order. O R D E R (i) The applicant be released on bail in the sum of Rs.50,000/- with one solvent surety in the like amount. (ii) The applicant shall attend the concerned Police Station, once a week on every Saturday between 10 am. to 2.00 noon till commencement of the trial. (iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (iv) The applicant shall not leave India without the previous permission of the Court. (Smt. R.P. SondurBaldota, J)