IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1482 OF 2008 CRIMINAL APPLICATION NO. 1482 OF 2008 CRIMINAL APPLICATION NO. 1482 OF 2008 Mr.Santosh Yashwant Gonde. ... Applicant. V/s. The State of Maharashtra. ... Respondent. M.K.Kocharekar for the applicant. Mrs.P.P.Shinde, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 18th June 2008. DATED: 18th June 2008. DATED: 18th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in connection with C.R.No.197/2007 registered with Shikrapur Police Station, Pune for the offences punishable under sections 395, 406 and 412 of Indian Penal Code. 3. The applicant- accused, who is in custody from 29th December 2007, in an offence registered on 2nd December 2007, is praying for bail. 4. As per the prosecution case, accused Nos.1 to 6 have participated in the alleged act of dacoity while present applicant- accused is stated to have transported the alleged stolen property consisting of 120 mobile hand sets alleged to have been purchased by one Prabhakar Vishwas Ghogare (one of the co-accused) as indicated in the statements of Deepnarayan Laxmiprasad, Shankar Chintamani Kulkarni and Bharat Vora. The total dacoity was for the mobile phones costing about Rs.63 lakh. There is recovery of mobile phones, practically, from each accused. 5. The present applicant has assisted co-accused in carrying those mobile phones from place to place. It appears that, from the present applicant, nine mobile handsets and cash amount of Rs.18,000/- were seized. The investigation papers and the charge-sheet reveal that the role of the present applicant is not crossing the limits of infraction of section 412 of I.P.C. Nothing more is to be recovered from the applicant. However, accused No.12 is reported absconding. The prosecution has independent remedies to catch hold of the absconding accused. 6. The co-accused Mr.Prabhakar Vishwas Ghogare, from whom four mobiles and cash of Rs.55,000/- were recovered has been enlarged on bail by this Court vide order dated 16th May, 2008. 7. In the above view of the matter, in my considered view, the present applicant is entitled to bail on parity. I am, therefore, inclined to grant - 3 - bail to the applicant, subject to the following conditions: (a) The applicant, arrested in connection with C.R.No.197/2007 registered with the Shikrapur Police Station, Pune shall be enlarged on bail in the sum of Rs.30,000/- with one or two local sureties to make up the said amount. (b) The applicant shall report to the concerned Police Station every alternate day between 5.00 p.m. to 7.00 p.m. for one year. He shall co-operate with the investigating agency for disposal of the case. (c) The order of bail will be given effect only after the applicant furnishes to the investigating officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the investigating officer. - 4 - (d) The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (e) It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. (f) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 6. Application stands disposed of accordingly. JUDGE JUDGE JUDGE