-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1505 OF 2008 APPLICATION NO.1505 OF 2008 APPLICATION NO.1505 OF 2008 Mr. Prabhakar Vishwas Ghogare. ... Applicant. V/s. The State of Maharashtra. ... Respondents. Mr. S.C. Halli for the Applicant. Ms. A.T. Zaveri, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 16TH MAY, 2008. : 16TH MAY, 2008. : 16TH MAY, 2008. P.C. P.C. P.C. : : : . The Accused/Applicant is in custody from 29th December 2007 in an offence registered on 2nd December 2007, has requested to enlarge him on bail. It is pointed that as per the prosecution case, Accused Nos.1 to 6 have participated in the facts of dacoity while present Accused/Applicant is stated to be a purchaser of 120 mobile hand set. The statement of Deepnarayan Laxmiprasad, Shankar Chintamani Kulkarni and Bharat Vora indicate to this effect. The total dacoity was for the mobile phone having cost of Rs.63 lakhs. In so far the recovery from Accused Nos. 1 and 2 is of mobile phone worth of Rs.49 lakhs, from other Accused mobile phone worth Rs.2 lakhs, from Accused No.3 mobile phones worth of Rs.50,000/-, from Accused No.4 mobile phones worth of Rs.25,000/-, from Accused No.6 mobile phones worth of Rs.70,000/-, from Accused No.7 mobile phones worth of Rs.1,00,000/-, -:2:- from Accused No.8 mobile phones worth of Rs.87,698/-, from accused No.9 mobile phones worth Rs.10,000/- and from Accused No.11 mobile phone worth Rs.18,000/- cash amount recovered from Accused No.5 is Rs.60,000/- and from Accused No.1 Rs.1400/-. 2. In a panchanama dated 1st January 2008, effected in the present C.R. at the residence of the present Accused/Applicant, the father of the Accused/Applicant handed over Rs.55,000/- cash and new 4 mobile hand set to the Police under panchanama. From the investigation papers, the charge-sheet it is obvious the role of the present Accused/Applicant is not crossing the limits of infraction of Section 412 of I.P.C. Nothing more is to be recovered from the Accused/Applicant. However, Accused No.12 is reported absconding. The prosecution has independent remedies to catch hold of the absconding Accused. 3. In the set of above facts, the bail application moved by the present Accused/Applicant is allowed as under :- (i) The Applicant Prabhakar Vishwas Gogare be released on his furnishing surety and P.R. in the sum of Rs.30,000/- (Rs. Thirty Thousand) in C.R. No.197/2007 of Shikrapur Police Station, District - Pune. -:3:- (ii) After release, the Accused/Applicant to attend concerned Police Station every alternate day between 5.00 p.m. to 7.00 p.m. for one year. (iii) The Accused/Applicant shall attend to the Court proceedings without fail and shall not seek any adjournment, in the event of protracting the trial at the instance of present Accused, the bail granted today shall stand cancelled. (iv) The Accused/applicant will influence or coerce the prosecution witnesses. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.) VACATION VACATION VACATION JUDGE. JUDGE. JUDGE.