IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 702/2008 Farukh Sheikh Shamin Sheikh vs. The State of Mah. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 13 th MARCH, 2008. Heard Shri S.V.Bhutada, Advocate, for the applicant and Shri Kothari, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The other accused have been prosecuted for the offence under Section 397 of I.P.C. Learned counsel for the applicant submitted that in view of the F.I.R. lodged by one Harvindersingh, there cannot be any offence under Section 397 of I.P.C. It is apparent that the applicant was driving the vehicle in which the stolen articles were found and it is submitted that the said vehicle was belonging to his father. Hence, when the vehicle was intercepted in the night and about 10 to 12 persons had allegedly ran away from the said vehicle, and as the vehicle was required to be chased for intercepting the same, the complicity of the applicant is apparent. In such circumstances, it is not possible to release the applicant on bail, however, he would be at liberty to move the fresh application for bail if the trial does not commence within a period of three months from today. Application stands disposed of. JUDGE Rvj.