1 Cri-A-234-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 234 OF 2011 Swapnil Diwakar Bhatkar ... Applicant Vs. State of Maharashtra ... Respondent Mr. S.V.Marwadi, Advocate, for the applicant. Ms. P.P. Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 4th March, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.251/2010 registered by the Malad Police Station under Sections 452, 342 and 397 of IPC. As per the FIR, on 21.6.2010, four persons had entered the Branch of Model Co- operative Bank Ltd., Malad and under the threat of firing, they had taken away amount of Rs. 30,50,000/- in cash and a mobile hand set. The present applicant was arrested on 25.11.2010. According to prosecution, his name was disclosed and he was identified by John Joseph Menazes as companions of the other two accused, namely, Sonu Kumar Yadav and Subhodh Kumar Yadav. However, the statement of John Menezes dated 18.11.2010 shows that Sonu Kumar and Subodh Kumar had stayed in his Guest House during the night on 10.6.2010 and 2 Cri-A-234-11.sxw 11.6.2010, while in the statement dated 14.12.2010, he had stated that he had seen the present applicant with Balli Yadav and Sanjay Rai in his guest house on 21.6.2010. There appears some conflicting statement. There is nothing to show that the applicant was directly involved in the commission of robbery or decoity nor he was identified as one of the culprits. 2. Therefore, the applicant be released on his executing P.R. of Rs. 25,000/- with one or two sureties in like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)