1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.55 OF 2011 Yusuf Salim Noorani ...Applicant. v. The State ...Respondents. Ms Pooja Bhojane ,adv. For the Applicant. Ms P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 28, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.1 of 2009 registered at Shahapur police station under sections 392, 120B r/w section 34 of the IPC and unde Arms Act. 2 Prosecution case, in brief, is that on 3.1.2009 first informant Ashok Meghraj Shah resident of Shahapur was proceeding by Alto Maruti Car. Another car was chasing him. At about 9.30 p.m., the first informant Ashok Shah stopped the car to urinate. Immediately thereafter the car chasing him also stopped and accused no.1 Anil pointed revolver towards him and threatened to kill. His companion Shivanand broke open the glass of the complainant’s car and took away bag containing gold ornaments and cash total worth Rs.22,68,000/-. During the 2 investigation, gold bars worth Rs.18,44,800/- were recovered from the accused persons. Accused/applicant Yusuf, who is accused no.3 was allegedly driving car by which accused nos.1 and 2 were chasing the first informant Ashok. Applicant was arrested on 22.5.2010 on the basis of statement made by the co-accused. Admittedly, there was no recovery from the applicant. Even Test Identification Parade was not held to identify that he was driver. The only evidence against him is the statement of co-accused. According to the prosecution, there is criminal background of the applicant and he is convicted in an offence of robbery. However, in view of the facts and material in the present case, I find no reason to refuse bail to the applicant. 3 Applicant be released on his executing PR of Rs.25,000/- with solvent surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall report at Shahapur Police Station on every Sunday till the end of the trial. (J.H. BHATIA,J.)