1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 309 OF 2010 Bhagwan @ Ishwar S. Jawale .. Applicant V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mrs. Pranali Kakade i/b Mr. Prathamesh Gokhale for the applicant. Ms. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 18TH FEBRUARY 2010 P.C. : 1. By this application, the applicant seeks bail in connection with C.R. No. 288 of 2009 registered at Pimpri Police Station, District Pune, for an alleged offence initially registered under section 392 read with 34 of the I.P.C. which has been elevated to an offence under 2 section 395 read with 34 of the I.P.C. 2. According to the prosecution, four persons committed a robbery on 29th June 2009. One of the four persons was arrested on the spot. Three others were arrested subsequently. During interrogation of the said four persons, it was discovered that fifth person, viz. the applicant, was the main person behind the crime. The applicant has therefore been arrested. 3. Admittedly, the applicant was not present on the spot. There is no evidence against the applicant except the statements made by the co- accused during their interrogation. The case of the applicant can therefore be differentiated from the four persons who actually committed the robbery. In the facts and circumstances of the case, the applicant can be granted bail. Hence, I pass the following order:- ORDER 3 The applicant be released on bail his executing personal bond of Rs.10,000/- with one surety of the like amount subject to a condition that the applicant shall not threaten the prosecution witnesses and/or the complainant. (D.G. KARNIK, J.)