abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3529 OF 2007 Vishal Vinod Parihar .. Applicant V/s State of Maharashtra .. Respondent Mr.Kishor P. Jain i/b M.B. Mali & Co. for the applicant. Mrs.M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 10TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant is in custody since 25th July 2007 in connection with an offence registered with Khed Police Station under C.R. No.119/2007 punishable under section 394 read with 34 of I.P.C. 3. The prosecution case in short is that the applicant is an employee of DhanlaxmiJewellers. The applicant with a co-employee was travelling on a - 2 - motorcycle with a bag containing gold ornaments. When they were near Khed Ghat, two unknown persons on the pretext of asking for petrol from the applicant threw chilli powder in their eyes and robbed them of the ornaments. On complaint by the shop owner and investigation by the police, it was discovered that the applicant, who had himself arranged the robbery, was not a victim but involved in the robbery. All ornaments have been recovered in the course of investigation, some of which have been recovered at the instance of the applicant under section 27 of the Evidence Act. 4. The applicant had previously filed two bail applications in the Sessions Court. Both the applications were rejected on the ground that the applicant does not have a permanent place of residence in Pune or in the State of Maharashtra and since the applicant is a resident of Rajasthan, he is likely to jump bail. 5. Learned counsel for the applicant submitted that the mere fact that the applicant does not have a permanent place of residence in Pune or the State of Maharashtra cannot be a ground for rejection of bail. In my view, the submission is required to be accepted because otherwise even a tourist if arrested on the allegation of a crime in the State of Maharashtra, would - 3 - never be entitled to bail if does not have a permanent address in the State of Maharashtra. What is required to be considered is whether there is a possibility of the applicant jumping bail and not being available for trial and not whether the applicant has a permanent place of residence in the State. 6. Learned counsel for the applicant further submitted that the applicant is willing to abide by any condition that may be imposed by the Court for securing his presence. Learned counsel submitted that the applicant is willing to furnish local sureties and report to the concerned police station at periodic intervals of a week or so as may be directed by the Court. 7. In view of the willingness of the applicant to abide by any strict condition for bail and taking into consideration the fact that investigation in the offence is completed, and except for a simple injury alleged to have been caused to one of the co-riders on the motorcycle, there is no injury to anybody else, I am inclined to grant conditional bail to the applicant. Hence, I pass the following order:- ORDER ORDER ORDER - 4 - On the applicant executing a personal bond of Rs.1,00,000/- with two local sureties in the like amount, he shall be released on bail subject to the following conditions: (a) The applicant shall report to the Khed Police Station once a week on every Monday or Tuesday. In the event the applicant is unable to attend the police station in any week for a special reason, he may apply to the Sessions Court for exemption and such request for grant of exemption shall be considered on its own merits. . Application is disposed of. (D.G. KARNIK, J.)