(1) 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.492 OF 2008 IN CRIMINAL APPEAL NO.310 OF 2008. Juned Shaikh Abdul Sattar. ..Applicant. Versus Versus Versus The State of Maharashtra. ..Respondent. .... Mr.Khan Abdul Wahab, Adv. for Applicant. Mr. A. S. Shitole, APP for Respondent. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 26th June, 2008. DATED : 26th June, 2008. DATED : 26th June, 2008. P.C. P.C. P.C. 1. Heard leaned Advocate for the Applicant and the learned APP for the State. The applicant has been mainly convicted under section 394 of I.P.C. He has been sentenced to 5 years R.I. The applicant is now seeking bail. 2. The learned Advocate for applicant states that the applicant was on bail pending the trial and he has not misused the liberty granted to him. This statement is not controverted by the prosecution. 3. The applicant has been in custody for 16 months. Admittedly besides the present case, the (2) applicant is not involved in any other case. 4. It is the prosecution case that 3 accused persons including the applicant robbed the complainant. In the examination-in-chief, the complainant has stated that the accused no.3 i.e. the present applicant, snatched the cash bag from him. However, in his cross-examination, it is seen that the complainant has clearly stated that it did not happen that accused no.3 snatched the cash bag from his possession in the incident. In view of the statement in the cross-examination and the other evidence on record, I am inclined to grant bail to the applicant. 5. The applicant be released on bail in the sum of Rs.30,000/-(Rupees Thirty Thousand only), with one or two sureties to make up the said amount. The applicant shall report to Malad Police Station, twice in a week for a period of 6 months and thereafter once in a week till the disposal of appeal. 6. The application is disposed of. (3) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)