1 BA-1806-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1806 OF 2011 Shankar Bhimsing Pant ... Applicant vs. The State of Maharashtra ... Respondent Mr. K.S.Patil,Advocate, for the applicant. Mrs. P.P.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th December, 2011. P.C. 1. Leave to amend the crime number in the prayer clause. Amendment be effected immediately. 2. The applicant seeks to be released on bail in Crime No.362/2010 registered with Manikpur Police Station, District Thane under Section 394 read with Section 34 of IPC. 3. According to the prosecution, when Tavera vehicle was with the complainant Suresh Bhalerao, robbery was committed. According to the prosecution, the applicant had sold that vehicle to his maternal uncle’s son in U.P. 2 BA-1806-11.sxw The learned APP, on instructions from the Investigating Officer who is present before the Court, concedes that the vehicle was seized from a third person in a different crime, The said vehicle was transferred to Manikpur in Crime No. 262/2010 on the basis of the order from the Court. According to the learned APP, on the basis of the oral confessional statement of the accused before the police, it was found that he had sold the vehicle. However, there is no other documentary or oral evidence to support this. Thus, except the unrecorded and oral confessional statement of the accused before the police, there is no material to connect him with this crime or the property of the crime. 4. Therefore, the applicant be released on his executing P.R. of Rs. 10,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)