1 BA-1791-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1791 OF 2011 mhi Hasib Wajid Khan ... Applicant vs. The State of Maharashtra ... Respondent Shri K.S.Patil, Advocate, for the applicant. Smt. R.V.Newton, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 21st December,2011. P.C. 1. The applicant seeks to be released on bail in Crime No.209/2010 registered at New Panvel Police Station, District Raigad for the offence under Section 395 of IPC. 2. Prosecution case, in brief, is that at about midnight during the night between 8.12.2010 and 11.12.2010, four unknown persons entered into the premises of G-TECH Hydrolic and Engineering Godown situated at Village Somthane. They were armed with sharp weapons. The complainant Balkishan Rawat was working as watchman. One Sitaram Yadav and his grandson Rinku 2 BA-1791-11.sxw Yadav and Crane operator Dilipkumar Maheto were also present in the premises. At about midnight, Balkishan Rawat heard some sound and when he went to check as to what happened, he saw four unknown persons. One of them assaulted him with a sharp weapon and he was injured. He was taken to the cabin and was tied there. Sitaram and his grandson Rinku came there. They were also assaulted, injured and tied with ropes. The culprits took away amount of Rs.3,000/- from Sitaram, Rs.1500/- from Rinku, Rs.20,000/- and a Nokia mobile set from Dilipkumar and amount of Rs.1500/- from the complainant Balkishan Rawat. They also loaded pipes and other goods of that company in some truck and fled away. Later on, the complainant and others got themselves released and reort was lodged against unknown persons. It was disclosed in the FIR that unknown persons were addressing some of them as “Munna” and “Gaffar”. On the basis of that, some accused persons were arrested, which led to arrest of the present applicant also. The present applicant is a scrap dealer and, according to prosecution, on the basis of information given by him, 20 pipes were recovered from the godown of one Amirulla, who had purchased the same from the present applicant. 6200 kg. Iron scrap worth Rs.89,510/- was also recovered from the godown of the prsent applicant. Though test identification parade was held to find out the culprits who had committed the dacoity, the present applicant was not putup for T.I. Parade and, therefore, he was not identified as one of the culprits, 3 BA-1791-11.sxw who had actually committed the offence of dacoity. In view of this, there is nothing on record to show that the present applicant was actually involved in commission of dacoity, though it appears that he had received the stolen property and had disposed of the same stolen property. He may be guilty for the offence under Section 311 or 312 of IPC. 3. The learned APP on the basis of instructions from the Investigating Officer, makes a statement that the applicant is also involved in two other cases registered at Khopoli and New Panvel Police Stations under Sections 395 and 397 of IPC. It appears that stolen property of two accused was also recovered from the present applicant after he was arrested in this case. The applicant is in custody for last about one year, but the trial has not commenced. Taking into consideration the material against him, there can be no justification to refuse bail to him. 4. Therefore, the applicant be released on his executing P.R. of Rs.30,000/- with a solvent surety with condition that he shall not tamper with the prosecution evidence and shall also report at New Panvel Police Station on every Friday between 5 to 7 p.m. till end of the trial. (J.H.BHATIA,J.) 4 BA-1791-11.sxw