1 ba 1136 of 2011 vks IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1136 OF 2011 Dipak Raghunath Dake .. Applicant Versus The State of Maharashtra ..Respondent. Mr. Rajendra Sorankar with Mr. Sagar G. Talekar, for the applicant. Mrs. A. A. Mane, APP for the Respondent State. CORAM: R. C. CHAVAN, J. DATED : 20th August, 2011. P.C.: 1. This is an application for bail by a person who participated in a dacoity in which a sum of Rs.43,61,470/- was taken away. Learned counsel for the applicant states that even according to the prosecution story, the applicant has received a paltry sum of Rs.3 lacs, and therefore, he could not be said to be the main conspirator or participant in the dacoity. He further submits that the co accused from whom a sum of Rs.5,00,000/- has been recovered, has been admitted to bail. The allegation is that only a sum of Rs.50,000/- was recovered at the instance of the applicant from a third party. He submits that his client could secure the information under the Right to Information Act, showing that the applicant's 2 ba 1136 of 2011 brother had been arrested on 26th October, 2010. The applicant was arrested on 29th October, 2010. There is nothing incredible in applicant's arrest on 29th October, 2010, after his brother was picked up on 26th October, 2010. There may be variety of reasons why the applicant could not be arrested on 26th October, 2010 which the Investigating Officer would explain when he steps into witness box at the trial. The contention of the applicant that he had received a paltry sum of Rs.3,00,000/- as compared to others who had received major part and that Rs.37 lacs have been recovered, is thoroughly irrelevant. Since whether he was a minor or major player, he seems to have participated in the dacoity and has been identified at the test identification parade by eye witnesses. In view of this application is rejected. The learned Judge would take up the case for expeditious hearing after duly considering the cases of other under trial prisoners which may be pending in his Court. (R. C. CHAVAN, J.)