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. 1146 OF 2008 CRIMINAL APPLICATION NO. 1146 OF 2008 CRIMINAL APPLICATION NO. 1146 OF 2008 IN IN IN CRIMINAL APPEAL NO. 54 OF 2008 CRIMINAL APPEAL NO. 54 OF 2008 CRIMINAL APPEAL NO. 54 OF 2008 Tikedhari Arvindlala Choudhary ...Applicant (Orig.Accused) vs. The State of Maharashtra ...Respondent (Orig.Complainant) Mr.B.M. Shaikh for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 21, 2008 DATED : OCTOBER 21, 2008 DATED : OCTOBER 21, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant is convicted by the trial court for the offences punishable under Sections 393, 394, 398 of the IPC and sentenced to suffer RI for 7 years. 3. The applicant is the original accused. The applicant went to the booking counter at the Wadala Railway Station at about 9.30 p.m. and asked PW 1 Nand Kishore to open the door by stating that he was from GRP (Government Railway Police) that he wanted to answer of nature. After he was taken inside, he threw chilly - 2 - power on his face and tried to take away the cash from the cash box. He also brandished the knife at that time. However, he was apprehended by PW 2 Ganeshan. The trial court on the basis of the evidence convicted him for the aforesaid offence. The Applicant is in custody since three and half years. He is HIV Aids patient. The applicant was released on bail on medical grounds. However, thereafter, he has surrendered. 4. Counsel for the applicant invited my attention to the various discrepancies in the statements of PW 1 and PW 3. Taking an overall view of the matter, in my view, the applicant is entitled to be released on bail. 5. The applicant be relapsed on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Kurla Railway Police Station once in a month. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)