MP 1 BA1638_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1638 OF 2011 Sachine L. Bhillre ... Applicant Versus State of Maharashtra ... Respondent Mr. Vilas N. Mali, Advocate for the Applicant. Smt. P.P. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 08TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in Crime No.209 of 2010 registered with Kharghar Police Station, Navi mumbai for the offences punishable under Sections 395, 397, 307, 342 and 427 of the Indian Penal Code and also under the provisions of Arms Act. 2. Prosecution case, in brief, is that, on 04.08.2011 at about 4.30 p.m., initially three persons entered into the office of Manappuram General Finance and Leasing Limited under the pretext that they wanted to pledge a gold chain and when that gold chain was being examined and weighed by the staff member of the said Finance Company, three other persons assaulted the gunman of the said Finance Company and entered the office. Two of them were armed with knives and one with a pistol. Thereafter, these persons overpowered the staff members of the said Finance Company, and after obtaining keys, bundled-up huge gold property in three bags and when they were trying to escape by Qualis jeep, police came there and one of the culprits fired at police. After the firing, three persons were caught on the spot while other three persons escaped. From one of the bags recovered from one Rakesh MP 2 BA1638_11 Baban Rathod, who was caught on the spot, 183 plastic bags with stickers showing identification of the property were recovered. This included gold ornaments weighing 6 kg and 492 grams worth Rs.1,16,00,000/-. From another accused Vishnu Amarsingh Thakur, who was also caught on the spot, one bag was recovered which consisted of 420 plastic bags with paper stickers showing identification of the property. The said bag included gold ornaments weighing 14 kg 231 grams worth Rs.2,57,00,000/-. From the third accused Pankaj Bhagwat Giri, who was caught on the spot, a pistol with three rounds was recovered. Present applicant was arrested on 19.08.2010. According to the prosecution, during the police custody on the basis of the information given by the applicant, five stolen articles were recovered. Each of them was in a plastic bag having paper stickers showing the pledge number and the name of the pawner. The said property included gold ornaments weighing 47 grams 3 milligrams worth Rs.85,140/-. The identification marks on the said property clearly indicated that these properties were the properties stolen away during the said dacoity at the office of Manappuram General Finance and Leasing Limited. Besides this, the test identification parade report shows that the present applicant was identified by five persons as one of the culprits. 3. Taking into consideration the nature of offence and the circumstances under which it was committed and the material against the present applicant, prima facie it appears that he was one of the culprits who committed the offence of dacoity. Learned Counsel for the applicant contends that in similar circumstances another accused Sachin Gaikwad was granted bail by this Court (Coram: A.M. Thipsay, J.) by order dated 26.08.2011. That order reveals that some properties were recovered from the said accused and he was also identified as one of the culprits by two witnesses but test identification report was not filed with Charge-sheet. The test identification parade report is shown to me and even if it is not filed with the charge-sheet, it can be filed even now. Merely because another accused has been granted bail, I am not inclined to MP 3 BA1638_11 grant bail to the present applicant taking into consideration the nature of offence, his involvement in the commission of crime and recovery of the property. Therefore, the bail application stands rejected. (J. H. BHATIA, J)