- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1240 OF 2009 in CRIMINAL APPEAL NO.744 OF 2009 Mr.Surendra Sambhaji Kadam .. Applicant Vs. State of Maharashtra .. Respondent Mr.M.K.Kocharekar for Applicant Mr.R.M.More A.P.P. for Respondent-State CORAM: SMT RANJANA DESAI & SMT MRIDULA BHATKAR, JJ DATED: January 27, 2010 P.C. 1. The applicant (Original accused no.6) along with 10 others were tried in Sessions Case nos.569 of 2004 and 771 of 2004 for the offences punishable under sections 120-B, 363, 364 (A),365,344,386,302,201 read with 120-B or in the alternative under sections 120-B,363, 364 (A), 365, 344, 386, 302,201 r/w 34 Indian Penal Code. By the judgment and order dated 5th June, 2009 the learned Sessions Judge convicted him inter alia under section 302 read with section 34 of the IPC and sentenced him to suffer life imprisonment. The appeal preferred by the applicant is admitted. This is his application for bail. - 2 - 2. We have heard learned counsel for the applicant and the learned A.P.P. Our attention is drawn to an order dated 19th December,2009 passed by a Division Bench presided over by Justice J.N.Patel,(Acg.C.J.). By the said order, accused nos. 1,2,5 and 7 were released on bail. The prosecution case is that the complainant’s son was kidnapped by the accused while he was going to school. He was taken in a Qualis jeep. The present applicant is driver of the said jeep. While releasing the accused persons on bail this Court has observed that the prosecution has prima facie failed to prove the identity of the dead body/skeleton which is said to have been discovered at the instance of accused no.4. If that is so, prima facie in our opinion, on parity, the present applicant who was merely driving the car will have to be released on bail. Besides, our attention is also drawn to the confessional statement of the applicant wherein he has stated that he was made to drive the jeep by giving threats at the point of a revolver. Hence, the following order: ORDER Applicant-Surendra Sambhaji Kadam is ordered to be released on bail in the sum of Rs.25,000/- with one solvent surety in the like amount. While on bail the - 3 - applicant shall attend R.A.K Marg police station on every alternate Monday between 10 a.m. and 12 noon for a period of one year and thereafter on first Monday of every month. He shall maintain his pocket diary in respect of his attendance. The applicant shall not commit any offence while on bail. Criminal Application stands disposed of. Smt.Ranjana Desai, J Smt Mridula Bhatkar, J - 4 -