1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3860 OF 2009 (Umesh Vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.J.Nirmal, Adv., for the applicant. Mr.D.V.Tele, A.G.P., for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:12/1/2010 P.C.:- 1. Heard Mr. Nirmal, learned Counsel, and learned A.G.P. extensively. The accused is in custody from 29/30th May, 2009, seeks to be released on bail. 2. His earlier bail application moved before this Court being Criminal Application No.2195/2009 is rejected by order dt.24th July, 2009. 3. After chargesheet, the present application is moved. 4. The learned Counsel submits, 2 nothing is recovered from the accused, he is innocent, he carried the passengers on charges to pilgrimage and the incident has taken place, he has been falsely roped in the offense. 5. Prima facie, the contentions of the learned Counsel rebel against the record. The accused/applicant was a driver of the vehicle in which the persons, including the applicant/accused committed Decoity. The complainant and his mother, were decamped with gold, silver ornaments, the belongings which the complainant desired to dispose of in the market and were moving on motor cycle. 6. The innocence of the accused/applicants is not surfaced as, after committing the offense, the accused/applicant made an effort to make good escape of all the persons in the vehicle in which he carried them though he was aware that his vehicle was being chased by the villagers and 3 Police authorities and even messages were given to the persons in adjoining villages. The speed in which the vehicle was driven, put the Police authorities to create cordoning and, thereafter only, the speed was arrested and accused was nabbed. Though chargesheet is filed, the gravity of the matter does not warrant interference, requiring release of the accused on bail. No change of circumstance. Application rejected. The observations are prima facie in nature. The learned Judge seized with the matter will ensure to expedite the hearing, provided the accused/applicant cooperate. (K.U.CHANDIWAL) JUDGE ... agp/3860-09cr