IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.435 OF 2008 CRIMINAL APPLICATION NO.435 OF 2008 CRIMINAL APPLICATION NO.435 OF 2008 Suchit Jaywant Shanbag & Another ..Applicants versus The State of Maharashtra ..Respondent Mr.R.S.Dubey for the Applicant Mr.Dedhia for the Respondent CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 24th April, 2008. DATED : 24th April, 2008. DATED : 24th April, 2008. P.C. 1. The applicants are arrested in C.R.No.111 of 2005 of Lonawala Police Station under Section 302, 120(b) r/w. Section 34 of I.P.C. and under the provisions of Arms Act. 2. The incident is of 22.7.2005 and according to the prosecution the appilcants have joined hands with the accused and that is how they are sought to be implicated. 3. Ld. Advocate Mr.Dedhia, upon perusal of the chargesheet submitted that the only material available against the present applicant No.1 Suchit is that he has volunteered to State that he had -2- handed over monies to Bobby Nair and had actually shown the place where the monies were delivered. He had also agreed to show the place wherefrom the persons Prashant Deshmukh and Bobby Nair were made to sit in the Alto car. If this is the only material available against the present applicant and in particular, the applicant No.1 the material placed before the Court is of weak nature and the applicants have made out a case for bail. In the affidavit in reply filed by the police, certain criminal antecedents of both the applicants are stated and that is the ground placed before the Court for rejection of the bail application. In my view, merely because the applicants possess certain criminal antecedents, that cannot be the ground to reject the bail. In the present case there is no strong material against the present accused to involve them in the present case. Hence I pass the following order: ORDER i) Each of the applicant is ordered to be released on bail in C.R.No.11 of 2005 of Lonawala Police Station. Accordingly each of the applicant -3- is directed to be released in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety in the like amount. ii) Each of the applicant to execute P.R.Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only). iii) Each of the applicant to report to the Lonawala Police Station on every Wednesday between 11.00 a.m. to 5.00 p.m. till 31st August, 2008. . Application disposed of accordingly. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)