BA-848-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.848 OF 2011 Shaligram Govindrao Gaikwad ... Applicant V/s. State of Maharashtra, Thru’ MHB Colony Police Station ... Respondent Ms. Mallika Ingale for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 26 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the Say filed by the Investigating Officer addressed to the Public Prosecutor. The same is tendered by the learned APP for the Respondent and is taken on record. 3. On 22nd August, 2010, an incident of dacoity took place in the Jain Temple. The Security Guards, who were on duty at the said temple, were assaulted during the course of dacoity. One of whom later on died due to the injuries sustained as a result of the assault. The ornaments and jewelery worth about Rs.4,23,000/- and odd was robbed. The offenders were unknown to the First Informant-Raju Prasad, i.e. one of the two Security Guards, and, as such, the case came to be registered against unknown persons. In the course of investigation, totally 9 persons came to be arrested. Admittedly, the Applicant BA-848-11.sxw 2 Dixit is not one of the dacoits, who actually committed the theft. Admittedly, he was not seen by any witnesses. There is no claim that he was present at the temple or outside it at the time of dacoity. 4. The role attributed to the Applicant is that of a conspirator. It is alleged that the Applicant suggested to the other accused that it would be profitable to commit a dacoity at the said temple. There is some material to indicate that the Applicant was in contact and in touch with the other accused, who are found to be involved in the alleged offence. 5. Except this, there is no other material against the Applicant. No part of the robbed property is stated to have been recovered from the Applicant. The Applicant is in custody since 14th September, 2010. 6. The learned APP for the Respondent submits that the charge has been framed and the trial is likely to proceed. However, considering the nature of allegation against the Applicant and the material by which it is sought to be supported, I do not think that the Applicant can be denied bail on this ground. 7. The Bail Application is allowed. 8. The Applicant is ordered to be released on bail in the sum of Rs.25,000/-, with one surety in like amount, on the condition to report to the MHB Colony Police Station on every Sunday, between 5:00 p.m. to 6:00 p.m., till the disposal of the case against him. [A.M. THIPSAY, J.]