IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.859 OF 2009 ( Deva Ganesh Chauhan ..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 15 th APRIL, 2009 Heard Shri Kasat, Advocate for the applicant & Shri Sonare, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Learned A.P.P. while arguing for rejection of the bail application has contended that the applicant is history-sheeter. According to him there are two earlier offences registered against him, vide Crime No. 47/07 for the offence u/s 394, 342, r/w 34 I.P.C. by Police Station, Pathrot & Crime No.112/05 for the offence under section 394, 395 of I.P.C. The bail is claimed on the ground of parity, as the accused Abdul Gafur has been released on bay by Additional Sessions, Judge, Akot. When specifically asked, it was pointed out by the learned counsel for the applicant that Abdul Gafur is accused in this alleged crime and therefore, the case of the applicant is supported by the theory of parity. Learned A.P.P. has tried to oppose the application contending that there was recovery from the present applicant of stolen articles. It appears that the case of the applicant is that he was driver of the truck in which the alleged building material was taken, which was at the instance of this Abdul Gafur. Said Abdul Gafur has been released on bail by the trial court. State has not preferred any application for rejection of his bail. In these circumstances, bail to this applicant can not be refused, however, it would be subject to conditions. Applicant be released on bail on furnishing PRB of Rs.25000/- with one surety in the like amount, subject to conditions that he shall furnish correct residential address and his address shall be verified by the P.S.O. Dahihanda. He shall attend Police Station Dahihanda on every first Sunday of each month at 11.00 a.m. until further order or till trial is over, and shall not commit any offence. Bail in lower court. Application stands disposed. Hamdast granted. JUDGE SMP