vks 1 APPLN 2602OF 2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2602 OF 2010 Pundalik Changdeo Bagal ... Applicant Vs. The State of Maharahstra ... Respondent Ms. Sharmila Kaushik with Aparesh Ashtivkar i/b Mr. R. Sathyanarayanan for the applicant. Mrs. S.D. Shinde, APP for the respondent State. CORAM : R.C.CHAVAN, J. DATE : 2nd SEPTEMBER, 2010. P.C. 1. The applicant was a driver of truck bearing NO.MH-11-M-4166 in which some construction material was being carried away from one site to another, after beating up the watchmen on the construction site. The person who had beaten watchmen and loaded the construction material, mainly iron bars in the truck, had run away. The applicant was caught in the truck on the spot. It is the applicant’s case that the applicant is a mere driver of truck which had been hired at Mumbai for carrying some construction material from one site to another. He had simply driven the truck. The applicant had nothing to do with what happened at the site. 2. The learned counsel for the applicant points out that the applicant’s master one Narayan Namdeo Shingade who owns the truck vks 2 APPLN 2602OF 2010.sxw has stated that the applicant was indeed a driver on his truck which was hired for the purpose of carrying construction material from one place to another. 3. The learned APP opposes the application on the ground that only three accused have been arrested and others are still absconding. The chargesheet has been filed against the applicant and others who have been found. If the prosecution seeks to place reliance on the statement of Narayan Namdeo Shingade the owner of the tuck, it would be consistent with the plea taken by the applicant. 4. In view of this, the applicant’s detention in custody pending the trial may not be necessary. The applicant be, therefore, released on bail on his furnishing PR Bond in the sum of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/-, on the condition that the applicant shall attend the Mahatma Fule Police Station Kalyan on first and third Sunday of every month between 10.00 am to 1.00 pm till the trial is over. [ R.C.CHAVAN, J. ]