1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2684 OF 2009 Mr.Nareshsingh Sumeresingh Thakur )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Abhijit Mantri i/by Vaibhav Bagade for the applicant. Mrs. M. H. Mhatre 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 has been arrested on 22.2.2007 in connection with C.R.No.I-360 of 2006 registered by the Rabale Police station for alleged offences under Sections 396, 307, 312,353, 333, 506-II read with 3, 4,25 26 & 27 of Arms Act and 3(1), 3(2), 3(3) & 3(4) of the MCOC Act. The case of the prosecution is that there was an incident on 18.10.2006 when five unknown persons tried to rob a bank. When they were surprised by police officer, they fired on police officer and tried to take away the revolver of the police officer and injured one constable and one watchman of the bank. Admittedly the present applicant was not a part of this group who committed this offence. The present applicant has been connected with the crime on the basis of a confession of the co-accused T.B.Raja who was also arrested. According to him after the commission of crime one of the co-accused by name Ashok Jevani informed that he had been advised by the present applicant to forget the incident and get rid of the revolver of the present officer. There is no other material except such a statement of the co-accused. It 2 is well settled that statement of the co-accused is a substantive piece of evidence but the Supreme Court has held that there should be some corroboration insisted upon. Admittedly, there is no corroboration to this statement of the co-accused. In the circumstances, since the applicant is not connected with the main crime and the evidence against him is solely on the confession of a co-accused, I am inclined to grant bail to the present applicant. It is therefore directed that pending his trial in connection with C.R.No.I-360/2006 registered by Rabale police station, 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 fortnight on 1st and 3rd Mondays of every month and will not tamper with the witnesses and will remain present on all the dates of his trial unless exempted. It is made clear that this order will not operate as a precedent in so far as other accused in the said crime are concerned. Application stands disposed off. (R.S.MOHITE,J) 3