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. 382 OF 2009 CRIMINAL APPLICATION NO. 382 OF 2009 CRIMINAL APPLICATION NO. 382 OF 2009 Shri Haribhau Krishna Divekar ...Applicant vs. The State of Maharashtra ...Respondent Mr.Sanjiv Punalekar for the Applicant. Mr.S.R. Borulkar, Public Prosecutor alongwith Mr.Rajiv More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 18 , 2009 DATED : FEBRUARY 18 , 2009 DATED : FEBRUARY 18 , 2009 P.C. :- P.C. :- P.C. :- 1. Heard the learned Counsel for the applicant and the learned Public Prosecutor for the State. 2. The applicant has been arrested in connection with an offence punishable under Sections 307, 324, 427, 34, 120B, 201, 419, 465, 471 of the IPC read with Sections 3, 4, 5, 6 of the Explosive Substance Act, 1908 read with Sections 6, 9(B) of the Explosive Act, 1984 read with Sections 3, 25(I-B) of the Arms Act, 1959 read with Sections 16, 18, 23 of UA(P) Act, 1967 read with Sections 3, 4 of the Prevention of Damage to Public Property Act, 1984. - 2 - 3. It is alleged that there was criminal conspiracy pursuant to which explosion had taken place in the theatre one Gadkari Rangyatan at Thane in which some persons were injured. The Only allegation against the present applicant is that he was servant of one Vikram Vinay Bhave and he had disposed of certain material which was kept in a bag, by throwing it in the river. It is alleged that the said bag contained one RF circuit with remote, timer, 9 Volt batteries, 1.5 Volt batteries, buzzer, cell holder, multimeter, bundle of wires, screw drivers, cutter, knives, fuse, cell tape and CD’s. Apart from this material, it appears that there is no other material to indicate that he had taken part in the alleged activities of his master Vikram Vinay Bhave and other accused. That being the position, in my view, even if the prosecution case is accepted, the only role which is attributed to the present applicant is that he had disposed of certain evidence connecting to the said crime by throwing it in the river. Charge-sheet already has been filed. The applicant is in custody since last eight months. There are no other criminal antecedents against the present - 3 - applicant. Under these circumstances, in my view, the applicant deserves to be released on bail. The application for bail is granted. 4. The applicant be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. He shall, however, report to ATS Division at Vikroli, twice in a week. He shall not tamper with the evidence or threaten any prosecution witness. If any complaint is received by the police and an application is filed thereon, the bail granted to the applicant shall be cancelled. 5. The application is, accordingly, disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)