1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1782 OF 2009 Ashraf Babu Khan .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.Iqbal Y.Solkar for the applicant. Mrs.S.D.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 15th June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.I-371 of 2008 of Nerul Police Station. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 452, 342, 392, 395, 412 read with 34 of IPC. 3. Mr.Solkar, learned counsel for the applicant at the outset invited my attention to the order passed by this court (V.M.Kanade, J.) dated 16.3.2009 in criminal application No.884 of 2009 and submitted that the applicant is entitled for bail on parity. He then submitted that admittedly the applicant did not participate in the actual incident of robbery. The two accused who committed robbery, came to be identified by the 2 complainant in the test identification parade. The recovery at the instant of the applicant, Mr.Solkar submitted, would at the most attract the provisions of section 412 of IPC. He submitted that the accused who has already been released on bail, in fact, was driving the jeep in which the present applicant had simply travelled. The applicant did not participate in the alleged incident of robbery. The charge-sheet has already been filed. The present applicant has no criminal antecedents. 4. Having considered the submissions of learned counsel for the applicant and the nature of role attributed to the present applicant, in my opinion, his continued detention is not necessary. Hence the following order: Applicant to be enlarged on bail in the sum of Rs.5,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station every Saturday between 6 pm and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)