1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1323 OF 2009 Sagar Kanha Machi ..... Applicant. V/s The State of Maharashtra ..... Respondent Mr. Niranjan Mundargi for the applicant. Mr. Rajesh More, APP for the State. CORAM : V.M. KANADE, J. DATE : 2nd April, 2009 P.C:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 394, 384, 427 read with section 34 of the Indian Penal Code which is registered vide C.R. No.I-6 of 2009 at Vangaon Police Station, District Thane. 3. It is alleged that the applicant ate food on the handcart of the complainant who was selling egg preparations and 2 bread. However, when the complainant demanded bill for an amount of Rs 70/- for dishes which were served, the applicant got annoyed and he took out knife from his pants' pocket, snatched Rs 1700/- from the money- box and destroyed about 1000 eggs worth Rs 2500/-. Applicant was arrested on 23/01/2009. 4. The learned APP appearing on behalf of the State submits that there are number of cases pending against the applicant which are of the similar nature. 5. Counsel for the applicant submits that the applicant is a businessman and there was a quarrel between the applicant and the complainant. He submits that the investigation is over. 6. Looking at the nature of allegations which are made, in my view, continued detention of the applicant will not be necessary. Prior cases are pertaining to the year 1999- 2000. 7. Applicant, without prejudice to his rights and contentions and as one of the conditions for grant of bail, shall deposit an amount of Rs 5000/- in this Court, which amount shall be permitted to be withdrawn by the complainant. Upon the applicant's depositing the said amount of Rs 5000/- in this Court, applicant shall be released on bail in C.R. No. I-6 of 2009 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall not threaten 3 the complainant or any other prosecution witnesses. If any complaint is received, the prosecution may apply for cancellation of bail. 8. Copy of this order be served on the complainant in order to enable him to withdraw the said amount. 9. Application is allowed in the aforesaid terms and disposed of. (V.M. KANADE, J.)