1 ba 617 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.617 OF 2011 Tejas Champalal Unecha .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Vikas Shivarkar, for the applicant. Mr. J. P. Kharge, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 8th September, 2011 P.C. 1. This is an application for bail by accused who has been chargesheeted for the offence punishable under Section 392 read with 34 of the Indian Penal Code and under Sections 3(1) (ii), 3(2), 3(4) of the M. C. O. C. Act. All other co-accused except one Gokhale, have been admitted to bail by the trial Court. State has not sought cancellation of their bail. Learned APP submits that the case of the applicant can be distinguished from that of persons who have been bailed out since the applicant was identified by one Sambhaji Thorat at test identification parade conducted on 1st September, 2009. Sambhai Thorat was the driver of the van from which dacoity had taken place. Sambhaji Thorat has stated after about 2 ba 617 of 2011 three months, when he was called by police that the applicant and others, had been arrested and several articles were recovered from the accused persons. Police had shown the weapons used in the offence as also the motorcycle to the witness. Learned APP states that on the next day of dacoity, a sum of Rs.1,00,000/- had been deposited by the applicant in his saving bank account. Learned counsel for the applicant points out from the same extract which is relied by the prosecution that even on the previous day of the dacoity, the applicant had deposited Rs.2,00,000/- in his saving bank account. He submits that the applicant is in the business of selling milk. Incidentally the offences of dacoity or robbery which are alleged to have been committed by applicant are in respect of milk van. Considering this and particularly the fact that other co-accused except one Gokhale have been admitted to bail and the prosecution has not sought cancellation of bail granted to them, the applicant's being in custody pending trial may not be necessary. The applicant arrested in connection with Special Case No.3 of 2009, pending before the learned Special Judge, MCOC Act, Pune, arising out of CR No.111 of 2009, registered with Bhosari Police Station, Pune, be released on bail on his furnishing PR Bond in the sum of Rs.1,00,000/- with one or more solvent sureties in the aggregate sum of Rs.1,00,000/- on the condition that the applicant shall attend the concerned police 3 ba 617 of 2011 Station on every Sunday between 10.00 a.m. to 1.00 p.m. for the next three months and thereafter on every Sunday of the month, till the trial is over. 2. Application is disposed of. (R. C. CHAVAN, J.)