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.2777 OF 2008 Umesh @ Pintya Gulabrao Divekar .. Applicant. Vs. 1. State of Maharashtra & Anr. .. Respondents. Mr.Nitin Satpute for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 29TH SEPTEMBER, 2008 DATED : 29TH SEPTEMBER, 2008 DATED : 29TH SEPTEMBER, 2008 P.C.: 1. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. This application is filed by the applicant for being released on bail in C.R.No.21 of 2008 of Shirur police station. The said crime has been registered under sections 393, 328, 329 of the Indian Penal Code. 3. The applicant was one of the security guards working for Sisco Company India Limited and was not on duty at the time when the alleged offence was committed. The complainant was also one of the guards working with the same company and was on duty at the relevant time. This company is engaged in the business of carrying cash of different Banks to its 2 2 2 destination and it has a contract of carrying cash of ICICI Bank in the State of Maharashtra. At the relevant time they were carrying cash of Rs.7,47,50,000/- of ICICI Bank in their jeep from Aurangabad to Pune. On their way to Pune, the jeep was stopped at a particular place by the applicant and his companion and the applicant boarded the jeep taking advantage of the fact that all the persons in the jeep knew him. He gave all the persons in the jeep a cold-drink to drink having some stupefying substance, which made all persons in the jeep dull and senseless, except the complainant, who claims that he did not drink the said drink. Thereafter, the applicant taking advantage of the situation made an attempt to take away the jeep with cash and when the complainant resisted the attempt, he ran away with his companion on motor-cycle. The manner in which the offence has been committed by the applicant taking advantage of his position as a security guard of the said company I am not inclined to exercise my discretion under section 439 of the Code of Criminal Procedure. This is not a fit case to enlarge the applicant on bail. Hence, the application is rejected. The trial Court, however, shall endeavour to dispose of the trial as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. It is made clear that 3 3 3 if for any reason the trial is not concluded within the time stipulated the applicant may renew his prayer for bail before this court. The trial court shall dispose of the trial on merits and without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)