1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH: NAGPUR. CRIMINAL APPLICATION (BA) NO.424/2011. (Chandu Shivshankar Kalbande and another Vs. State of Maharashtra thr. PSO PS Ambazari, Nagpur) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Rupesh Jaiswal, Advocate for Applicants. Mr. V.A. Thakare, APP for Non-Applicant/State. .......... CORAM: M.N. GILANI, J. DATE: 08.08.2011. Heard. This is an application filed by applicants no.1 and 2 for releasing them on bail, against whom the Crime No.50/2011, registered with Police Station Ambazari, Nagpur for an offence punishable under Sections 395, 397, 279, 337, 120 (B) r/w Sec. 34 of the Indian Penal Code, 4/25 of the Arms Act and 135 of the B.P. Act. Incident occurred on 10.03.2011 at about 02-30 p.m. on West High Court Road, Nagpur. The complainant working with “Bins Aarya India Limited”, situated at Manewada Chowk, Besa Road, Nagpur, was proceeding to Shankar Nagar, Nagpur along with one Mohan Thakur, on Motorcycle, carrying a bag containing an amount of Rs.13,89,829/-. At that time Maroti Car 2 No. MP-01 H-2530 blocked their way and snatched away the bag containing amount. The complainant and his associate Mohan Thakur chased the Maroti Car. The Maroti Car dashed a Motorcycle. The by passers gathered. Both the culprits i.e. Ravindra Mulchand Khaire and (ii) Gaurishankar Jodhan Rahangdale, were apprehended. The present applicants were apprehended alleging conspiracy between them and the main culprits, who actually committed robbery. The reply filed by the learned APP is perused. It is stated that the involvement of the present applicants is made out on the basis of the statements of the co-accused made before the Police. This being the only evidence against the present applicants which is per se-inadmissible, bail cannot be denied to them. The applicants are directed to be released on their furnishing P.R. bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety each in the like amount with a condition that they shall attend the Police Station as and when called till filing of chargesheet. Hamdast granted. JUDGE NSN