[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2636 OF 2008 Asit Kamalchand Baza and five others ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Rahul Arote Advocate for Applicants Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.64 of 2008 of Sinner Police Station. The said case is mainly under Section 395 of IPC. 3. It is the prosecution case that at about 3.30 a.m. when the complainant went outside his transport office to answer call of nature, he saw one tempo outside the office. He also saw some accused persons near the tempo. They were committing theft of diesel from the truck of the complainant. When the complainant prevented them, those persons beat the complainant and ran away with the diesel they had robbed. It is the [-2-] prosecution case that the applicants were part of the said gang of persons. 4. The applicants were not caught at the spot. No test identification parade has been held. In fact, complainant has stated in his further statement that he would not be able to identify the persons. In this view of the matter, I am inclined to grant bail to the applicants. 5. Each of the applicant nos.1 to 6 i.e. applicant no.1-Asit Kamalchand Baza, applicant no.2-Devising Tejsing Rawat, applicant no.3-Maulik Sureshbhai Joshi, applicant no.4-Satyaban Dhaneshwar Gahir, applicant no.5-Bhuwal Dayashankar Goud and applicant no.6-Karan Biswambar Mazi be released on bail in the sum of Rs.35,000/- (Rs.thirty five thousand only) each with one or two sureties to make up the said amount. The sureties shall be local sureties. The applicants to report to Sinner Police Station, once in a week till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]