IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINALAPPLICATION NO. 1073/2008 Sheikh Gafoor Sheikh Yakub 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. CORAM : S.R.DONGAONKAR, J DATED : 22 nd APRIL, 2008. Heard Shri A.H.Lohiya, Advocate, for the applicant and Smt. Khade, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant along with other accused have been arrested for the offence under Sections 395, 399;, 201 r/w 120 B of the I.P.C. in Crime NO. 163/2007 of Police Station Ballarsha. The applicant has been arrested on 17.06.2007. The other accused in this offence have been released on bail, two of them are released by this Court and one is released by the learned trial Court. Learned A.P.P. has contended that there is statement of other co-accused to show as to how the incident had taken place and contended that the applicant was a master mind behind the incident and the other accused had committed the said offence of dacoity with the help of the applicant, who was driver of the complainant. Admittedly the only evidence appears to be against the applicant is that of statement of co-accused made to the police. In such circumstances, when the other co-accused have been released on bail, the bail cannot be refused to the applicant. However, the same is subject to conditions. The applicant be released on bail on furnishing surety and P.R. Bond of Rs. 20,000/- subject to conditions that he shall report at Police Station Ballarsha on first Sunday of each month until further orders or till the trial is over. Bail in trial Court. It is made clear that the above observations are in prima facie view of the matter and shall not influence the trial Judge in any way while deciding the matter on merits. Application stands disposed of. Hamdast granted. JUDGE Rvj.