..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3572 OF 2008 Shri.Shivaji Yallappa Mane. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.I.S.Thakur, Adv. i/b. Mr.M.N.Pimple & Ms.Shraddha Y. Mohite, Advs. for the applicant. Ms.A.A.Mane, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 15th December, 2008. DATED : 15th December, 2008. DATED : 15th December, 2008. P.C.: 1. Heard the learned Advocate for the applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R. No.135 of 2008 of Trombay police station. The said case is mainly under Sections 392, 170, 420 of Indian Penal Code. 3. The learned Advocate for the applicant has stated that the applicant was a police constable at the relevant time. The applicant was posted at Mantralaya on duty. The attendance register shows that at the relevant time, the applicant was at ..(2).. Mantralaya. Thus, he submitted that this shows that the applicant has been falsely implicated in the present case. 4. The applicant is a police constable. The case of the prosecution is that the victim Bansilal was travelling by bus. Sometime before 12:00 p.m. two persons, including the applicant, entered into the bus. They made Bansilal get down from the bus. These persons made Bansilal sit in another rickshaw. Thereafter he was made to sit in a Scorpio car. Thereafter he was taken to Lonavala where he came to be robbed of about Rs.49 lakhs. 5. Mr.Thakur the learned Advocate for the applicant submitted that the statement of the victim shows that some time before 12:00 p.m. the victim Bansilal was in a bus at Vashi, Navi Mumbai and he was made to get down from the bus by the applicant and another person. These persons made the applicant sit in an autorickshaw. At about 12 p.m., they all had lunch in a hotel. Then the victim was taken towards Lonavala by these persons. At about 3:00 p.m. to 4:00 p.m. they ..(3).. again stopped at another hotel where they ate food. Then they proceeded towards Lonavala where Bansilal came to be robbed. However, the affidavit filed by the APP and the annexures thereto specially the statement of API Surekha Medhe shows that on the day of the incident the applicant had reported for duty between 11:15 a.m. to 11:30 a.m. at Mantralaya, Mumbai. The distance between Mantralaya and Vashi, Navi Mumbai is approximately 40 kms. In such case, in view of the statement of API Surekha Medhe, on which the prosecution has placed great reliance, it does appear that the applicant could not have participated in the incident. In this view of the matter, I am inclined to grant bail to the applicant. 6. The applicant - Shri.Shivaji Yallappa Mane to be released on bail in the sum of Rs.30,000/-(Rs.Thirty Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to Trombay Police Station once in a fortnight, till conclusion of the trial. 7. Criminal Application is disposed of ..(4).. accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)