IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.812/2008 Karnalsingh Tak ..vs.. State =================================== CORAM: S.R. DONGAONKAR,J. DATE:24.3.2008. Heard Mr. Wagh, Advocate for applicant and Mr. Fulzele, A.P.P. for state. Learned A.P.P. states that he would reply today. Allowed to file. This is an application under section 439 of Cr.P.C. for grant of bail. Applicant is arrested on 19.11.2007 for the offence punishable under sections 395, 399, 216(A), 109 of I.P.C. in Crime No.11/2001 of Police Station, Bhadrawati. The evidence against the applicant, allegedly is that in the intervening night between 22.1.2001 and 23.1.2001, applicant with other 9 accused has committed dacoity in the house of one Shashikant Chourasia. The incident has occurred in 2001 and the amount of Rs.2000/- was allegedly recovered from the custody of the applicant in 2007. Learned A.P.P. has contended that the applicant was absconding to which the applicant has countered saying that he was living with his in-laws. The evidence pointed out by learned A.P.P. against the applicant does not appear to be sufficient for implicating the applicant for the alleged offence, considering time gap between date of offence and recovery, hence he would be entitled for bail, however, subject to conditions. Applicant be released on bail on furnishing surety and PRB of Rs.15,000/- subject to condition that he shall report the P.S.Bhadrawati on first Sunday of each month between 1.00 to 3.00 p.m. until further orders or till the trial is over whichever is earlier. Application stands disposed of. It is made clear that the observations made above are in prima facie view of the matter and would not influence the trial Judge, while deciding the case on merits JUDGE smp.