1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPEAL APPEAL APPEAL NO.2415 OF 2007 NO.2415 OF 2007 NO.2415 OF 2007 Smt Smt Smt Shamshad Hanif Patel Shamshad Hanif Patel Shamshad Hanif Patel ...... Applicant Applicant Applicant vs vs vs The The The State State State of Maharashtra .. Respondents of Maharashtra .. Respondents of Maharashtra .. Respondents Mr.P.D.Dalvi Mr.P.D.Dalvi Mr.P.D.Dalvi for Applicant for Applicant for Applicant Ms.S.D.Shinde, Ms.S.D.Shinde, Ms.S.D.Shinde, APP for APP for APP for Respondents Respondents Respondents CORAM CORAM CORAM : : : V.C.DAGA, J V.C.DAGA, J V.C.DAGA, J DATED DATED DATED : : : 8th August, 2007 8th August, 2007 8th August, 2007 P.C. P.C. P.C. 1.1.1. Heard learned Advocate for the applicant and Heard learned Advocate for the applicant and Heard learned Advocate for the applicant and the the the learned A.P.P. for the State. learned A.P.P. for the State. learned A.P.P. for the State. 2.2.2. Perused application and the material available Perused application and the material available Perused application and the material available on on on record. record. record. 3.3.3. The learned Advocate for the applicant is The learned Advocate for the applicant is The learned Advocate for the applicant is seeking seeking seeking bail in C.R.No.I-100/2007 registered with bail in C.R.No.I-100/2007 registered with bail in C.R.No.I-100/2007 registered with Rabale Rabale Rabale Police station, District Thane under Police station, District Thane under Police station, District Thane under sections sections sections 399, 402 of IPC read with sections 4 and 399, 402 of IPC read with sections 4 and 399, 402 of IPC read with sections 4 and 28 28 28 of the Indian Arms Act read with section 37 (1), of the Indian Arms Act read with section 37 (1), of the Indian Arms Act read with section 37 (1), 135 135 135 of the Bombay Police Act. of the Bombay Police Act. of the Bombay Police Act. 4.4.4. The case of the prosecution is that they The case of the prosecution is that they The case of the prosecution is that they intercepted intercepted intercepted a conversation on the mobile phone a conversation on the mobile phone a conversation on the mobile phone bearing bearing bearing No. 9323660687 and on the basis of No. 9323660687 and on the basis of No. 9323660687 and on the basis of intercepted intercepted intercepted conversation, they came to know that conversation, they came to know that conversation, they came to know that 2 the the the accused accused accused persons were preparing a plan to commit persons were preparing a plan to commit persons were preparing a plan to commit robbery robbery robbery of the employees of Parsik Janata Sahakari of the employees of Parsik Janata Sahakari of the employees of Parsik Janata Sahakari Bank Bank Bank while carrying cash at Airoli, Sector No.1 while carrying cash at Airoli, Sector No.1 while carrying cash at Airoli, Sector No.1. 5.5.5. The very same mobile phone came to be seized The very same mobile phone came to be seized The very same mobile phone came to be seized from from from the custody of the applicant. Therefore, the custody of the applicant. Therefore, the custody of the applicant. Therefore, there there there is a material to connect the present is a material to connect the present is a material to connect the present applicant applicant applicant with with with the offence alleged against her. It the offence alleged against her. It the offence alleged against her. It isisis no doubt true that she being a woman needs a no doubt true that she being a woman needs a no doubt true that she being a woman needs a special special special consideration for grant of bail. However, consideration for grant of bail. However, consideration for grant of bail. However, considering considering considering the the the nature of the activities carried on nature of the activities carried on nature of the activities carried on by by by her and absence of any source of earning and her and absence of any source of earning and her and absence of any source of earning and with with with a view to prevent her from committing further a view to prevent her from committing further a view to prevent her from committing further offence offence offence of of of similar nature, I do not think this is a similar nature, I do not think this is a similar nature, I do not think this is a fit fit fit case for grant of bail. Application is case for grant of bail. Application is case for grant of bail. Application is therefore, therefore, therefore, rejected. rejected. rejected. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) 3