1 BA-1368-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1368 OF 2011 mhi 1. Asif Yusuf Khan ) 2. Iklak Rahim Shaikh ).. Applicants/accused Nos.4 & 8 vs. The State of Maharashtra ... Respondent Shri Amit M. Shete, Advocate, for the applicant. Smt. P.P. Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 21st December,2011. P.C. 1. The applicants seek to be released on bail in Crime No.415/2006 registered at Turbhe Police Station for the offences under Sections 452, 387, 307 read with Section 34 of IPC, under Sections, 3, 25, 27 and 35 of the Arms Act as well as under Sections 3(1)(II) read with Section 3(2) and (4) of the M.C.O.C. Act. The present applicants are accused Nos. 4 and 8 in the said case. 2. Prosecution case, in brief, is that all the accused Nos. 1 to 9 are members of a notorious gang of Ravi Pujari and they are in the illicit business of extortion of money from the people. Accused No.5 Sadik Ibrahim Bangali and 2 BA-1368-11.sxw accused No.6 Ravindra Ghare went to the office of Bhoomiraj Construction on 25.9.2006 at about 14.30 hrs. and accused No.5 fired two rounds from the revolver, while accused No.6 made him to speak on certain phone and also to make payment of money as demanded by Ravi Pujari. It was alleged that three other accused persons i.e. Accused No.1 Rohan, accused No.7 Deepak and accused No.9 Hemant had also come along with accused Nos. 5 and 6, but they were standing outside the said office. It is contended that the present applicant No.4 Asif had provided motorcycle which was used by accused Nos. 5 and 6 for going to the spot and for escaping from that place and also he had provided certain information about the location of office, etc. It is contended that he was also connected with Ravi Pujari on mobile phone which was intercepted. 3. The learned Counsel for the applicants points out that accused Nos. 1, 2, 3, 7 and 9 have been granted bail by different orders passed from time to time. The case against most of the accused persons is based on the statement of accused No.5 Sadik and accused No.6 Ravindra made before certain police officers. In the said statement of accused No.6 Ravindra, it was revealed that accused No.2 Siddhappa had supplied revolver which was used in the commission of offence. It is material to note that said Siddhappa was granted bail. While granting bail to accused No.7 Deepak on 26.4.2010, it was noted that the statements of accused 3 BA-1368-11.sxw Nos. 5 and 6 were recorded by the officers who are not competent and therefore those statements are not admissible under law. As far as accused No.8 Iklak is concerned, there is no material except the statement of accused No.6 Ravindra that Iklak was also working for the gang of Ravi Pujari. The case against the present applicants cannot be distinguished from the case against other accused persons who are granted bail and in any case, their case is not worse than the case against the accused No.2 Siddhappa who had allegedly supplied the weapon. The applicant is in custody for last about 3 years and 8 months and there is no progress in the trial. 4. Therefore, the applicants be released on their executing P.R. of Rs.25,000/- each with one solvent surety in the like amount with condition that they shall report at Turbhe Police Station on first and third Tuesday of every month till disposal of the case and shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)