1 1 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.4058 OF 2008 Mohommad Irshad Babu Ansari .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.J.S.Padam for the applicant. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH DECEMBER, 2008. DATED : 17TH DECEMBER, 2008. DATED : 17TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-43 of 2008 of Talasari police station, Dist.Thane. The said crime has been registered against the applicant and other accused for having allegedly committed an offence punishable under sections 395, 341, 342, 363, 120(b) of IPC. 3. Mr.Padam, learned counsel for the applicant at the outset submitted that except the statement of the co-accused involving the applicant there is absolutely no other material on record to connect the applicant with the alleged incident of dacoity. He submitted 2 2 2 that the statement of the co-accused is legally not admissible in evidence and hence the applicant is entitled for bail. It appears that the incident in question occured on 17.4.2008 on the highway near Wada. It is alleged that all the accused, who were in Sumo vehicle overtook the truck of the complainant and committed the alleged offence of dacoity. Learned A.P.P. fairly stated that except the statement of the co-accused he does not find any other material against the applicant. In the circumstances this application is allowed. . The applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 7 and 8 pm for a period of six months and thereafter on every alternate Saturday between 7 and 8 pm till conclusion of the trial. The application is disposed of. . 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 without being influenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)