IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 993 OF 2008 CRIMINAL APPLICATION NO. 993 OF 2008 CRIMINAL APPLICATION NO. 993 OF 2008 IN IN IN CRIMINAL APPEAL NO. 902 OF 2008 CRIMINAL APPEAL NO. 902 OF 2008 CRIMINAL APPEAL NO. 902 OF 2008 Shankarsingh Ramsingh Vishwakarma ...Appellant (Through jail) (Orig.Accused No.2) vs. State of Maharashtra ...Respondent Mr.A.V. Chatuphale for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : NOVEMBER 18, 2008 DATED : NOVEMBER 18, 2008 DATED : NOVEMBER 18, 2008 P.C. :- P.C. :- P.C. :- 1. This is an application filed by the applicant through jail. Heard Shri Chatuphale, learned Counsel appearing as Amicus Curiae for the applicant. The applicant has been convicted by the trial court for the offence punishable under Section 399 read with Section 402 of the IPC and is sentenced to suffer RI for 5 years. 2. The learned Counsel for the applicant submitted that the applicant was having his breakfast in a - 2 - restaurant and at that time, the police came to the restaurant and arrested him. He submitted that no other role is attributed to the applicant and the only evidence which is adduced by the prosecution against the applicant is in the form of recovery of chopper from his person. The other accused ran away from the scene of offence. The prosecution case is that PW 2 was having the breakfast in the hotel and at that time, he heard accused no.1 telling the other accused that they should rob the owner of the restaurant after he had occupied his seat in the restaurant. It is submitted that the applicant has already undergone two years of sentence, therefore, he may be released on bail. 3. The learned APP, on the other hand, submitted that the applicant was caught red-handed before he could commit dacoity in the restaurant and a chopper was recovered from him. He submitted that there are 3 cases of similar nature pending against the applicant. 4. In my view, taking into consideration the fact that the applicant is in jail since last two years and - 3 - the appeal is not likely to come up for hearing for sometime and further taking into consideration the alleged role attributed by PW 2 to the applicant, he deserves to be released on bail. 5. The applicant, accordingly, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. Out of the two sureties, one surety should be local surety. The applicant shall report to Kandivali (West) Police Station once in a week. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)