( 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. 690 of 2008 690 of 2008 690 of 2008 Manoj Suresh Chakravarti and Anr. ..Applicants. Vs. The State of Maharashtra ..Respondent. Smt Sonali Bhagat, Advocate for the Applicants. Mr S. S. Pednekar, A.P.P. for the State-Respondent. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 19.06.2008. DATED : 19.06.2008. DATED : 19.06.2008. P.C.:- P.C.:- P.C.:- 1. Heard learned counsel for the applicants-accused and the learned APP for the State. 2. Perused application and the material available on record. 3. The applicants are seeking bail in connection with C.R. No. I-46 of 2007 ( 2 ) registered with Tokawade Police Station, Murbad for the offence punishable under Sections 399, 402 of the Indian Penal Code and Section 3, 25(I) (A) of the Arms Act. 4. The learned A.P.P. appearing for the State has opposed the application on the grounds that the applicants-accused were found armed with deadly weapons and they had made preparation to commit dacoity on Malshej Ghat highway. He further submits that chilly powder was recovered from accused-applicant No.2 for which no explanation was offered. 5. Learned Advocate for the accused applicants submits that applicant-accused no.1 is resident of Saralgaon, Madhu Mope Chawl, Taluka Murbad, District Thane. In support of the said submission the applicant No.1 has relied upon the photo copy of the extract of ration card held by applicant No.1. 6. So far as applicant No.2 is concerned, no material is available on record to show that he is resident of village Saralgaon, Taluka Murbad, ( 3 ) District Thane (Maharashtra). According to the applicant no.2 he is permanent resident of Uttar Pradesh, whereas he is presently staying with Applicant No.1 for which no evidence is placed on record. No explanation is furnished by the Applicant No.2 as to why he was holding chilly powder. 7. So far as applicant No.1 is concerned, presently, there is no material to connect him with the offence alleged. In the aforesaid view of the matter, I am inclined to grant bail to applicant No.1. However, for the reasons stated hereinabove that Applicant No.2, not being a permanent resident of Maharashtra, and for want of explanation for possessing chilly powder, is not entitle for bail. The application for bail to the extent of Applicant No.2 is liable to be rejected. 8. In the result, Application to the extent of Applicant No.2 is rejected. The Applicant No.1 Manoj Suresh Chakravarti is enlarged on bail on his executing P.B. of Rs. 25,000/- with one or two local sureties to make up the said amount ( 4 ) on following terms and conditions. a] The applicant No.1 Manoj Suresh Chakravarti shall report to the Tokawade Police Station, Murbad once in a week i.e. on every Thursday between 10.00 to 12.00 noon till filing of the charge sheet. b] The order of bail will be given effect only after the applicant furnishes to the Investigating Officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant No.1 will not change his residential address thereafter till the conclusion of trial without prior intimation to the Investigating Officer. c]The applicant No.1 shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner ( 5 ) tamper with the prosecution evidence. d]The applicant No.1 shall co-operate with the Trial Court for disposal of the case. It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. e] Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 9. Application stands disposed of accordingly. (V.C. DAGA,J.) (V.C. DAGA,J.) (V.C. DAGA,J.)