1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 3380/2009 (Rakesh Udayraj Sahu .vs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Daga, Advocate for Applicant. Mr. D.P. Thakre, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : NOVEMBER 10, 2009 Heard. By the present application, the applicant/accused arrested on 4.9.2009 in connection with Crime No. 22/2009 for commission of offences punishable under Sections 406, 407, 411 read with Section 34 of IPC of Mahagaon Police Station, has prayed for bail. The learned counsel for the applicant has pointed out that the investigation in the matter is already complete and the Police has submitted the charge sheet on 30.10.2009. He has urged that the applicant has remained in custody for a period of more than two months and as such he deserves to be released on bail as he has not been charged for commission of offence punishable with death or imprisonment for life. The said prayer is vehemently opposed by the learned APP on the count of two trucks used for commission of an offence and out of them one driven by the driver of the applicant is yet to be recovered. He further urged that entire property in respect of which the 2 offence was committed is yet to be recovered and so also four more accused are absconding. Having regard to the fact of filing of a charge sheet being not disputed by the prosecution , period for which the accused is in custody and himself being not charged for commission of offence punishable with death or imprisonment for life and the offences in question being triable by the Court of Magistrate and role allegedly played by him and co-accused being released on bail by the trial Court and no other circumstance significant enough to deny the bail to the applicant being pointed by the prosecution and/or the circumstances pointed out being not sufficient to deny the bail after submission of charge sheet and the applicant having permanent place of abode, the discretion deserves to be exercised in favour of releasing the applicant on bail. Hence the order: The applicant/accused is directed to be released on bail on furnishing a P.R. Bond in a sum of Rs.50,000/- (Rs. Fifty thousand only) with two sureties in like amount and subject to the conditions that the applicant (i) shall not attempt to tamper prosecution evidence and (ii) shall not leave the territorial limits of Nagpur city without prior permission of this Court. In view of disposal of Criminal Application No. 3380 of 2009, Criminal Application Nos. 289 of 2009 and 290 of 2009 stand disposed of. JUDGE halwai