IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.382 OF 2008 IN CRIMINAL APPEAL NO.977 OF 2007 Amit Namdeo Patil ...Applicant Versus The State of Maharashtra ...Respondent ...... Mr.Rakesh Bhatkar for Applicant. Ms.P.P.Shinde, A.P.P. for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 11, 2008. APRIL 11, 2008. APRIL 11, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. In my opinion, there is no reason to doubt the correctness of finding reached by the Trial Court insofar as against accused No.4 about his involvement in the commission of crime. It is noticed that the Applicant was driving motor cycle. It is also seen from the evidence that the : 2 : Applicant slowed down the motor cycle when it approached where PW 1 was standing which facilitated snatching of chain as stated by PW 1. The version of PW 1 has been accepted by the Trial Court. PW 1 has identified accused No.4 who was driving the motor cycle. The argument that the Applicant himself did not snatch the gold chain, will not absolve the Applicant who has participated in the commission of the crime and has been charged for the offence under Sections 398 and 395 of the Indian Penal Code. The overt act of the Applicant as can be discerned from the evidence given by the prosecution witnesses is of slowing down the motor cycle near the spot where PW 1 was standing and facilitating snatching of chain. Moreover, after snatching of chain, the Applicant speeded the motor cycle which clearly reflects his bent of mind and complicity in the commission of crime. 3. In the circumstances, not a case for bail having regard to the nature of offence. The Applicant may, however, avail of expeditious hearing of the Appeal. As R & P has been received, the Applicant may file printed paper book within : 3 : four weeks from today. If the Applicant avails of this liberty, the Appeal will be placed for hearing in the week commencing from 23rd June 2008, to be listed as per its turn. 4. In the event, inspite of listing of the Appeal, the Appeal does not mature for hearing by end of March 2009, the Applicant may be free to take out fresh application for bail which will be considered on its own merits. 5. Application disposed of on the above terms. A.M.KHANWILKAR, J.