1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.553 OF 2010 Mr.Chandrakant Balu Rajiwade )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Rahul Kadam i/by Rajesh Katore for the applicant. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 26 th April, 2010 PC 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No.79 of 2007 registered by the P. S. Bharati Vidyapeeth Police station, Pune, for alleged offences under Sections395, 397 read with 34 of IPC. The incident of dacoity took place on 31.5.2007. It appears that the present applicant along with others were arrested in another crime bearing C.R.No.231 of 2007 registered by the same police station. There was a newspaper report regarding the arrest of the present applicant by the P.S.Bharati Vidyapeeth Police station which appeared on 10.6.2007 and only thereafter the complainant Sureshkumar reported the present crime on 13.6.2007. The FIR indicates that he identified certain articles recovered from the accused as his . That recovery is not made in this crime. It is not known whether that recovery was at the instance of the present applicant in C.R.No.231 of 2007. In so far as present crime is concerned, there is a recovery of wrist watch & golden colour belt. Both these articles are not identified. Advocate for the applicant states that make of the watch is different. It is true that 2 identification parade one has to bear in mind that FIR itself mentioned that the complainant himself went to the crime branch. It is mentioned that the applicant is a habitual offender and there are eight similar cases pending against him. That can be kept in mind while imposing stringent condition. It is therefore directed that pending his trial in connection with C.R.No.79 of 2007 registered by the P.S.Bharati Vidyapeeth Dist. Pune the applicant may be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the condition that he will report to the I.O once a week on every Monday till the disposal of the trial and does not tamper with any evidence or any witnesses. He will also remain present on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3