1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3974 OF 2007 Gangadhar @ Bawa Murlidhar Indulkar .. Applicant versus State of Maharashtra .. Respondent ... Mr.R.D.Suryawanshi for the applicant. Mrs.M.M.Deshmukh APP for the State. CORAM : D.G.KARNIK, J DATED : 5th March 2008 P.C.: 1. Heard. 2. The applicant seeks bail in Sessions Case no.792 of 2007 pending in the Court of Sessions, Gr.Mumbai for the offence punishable u/s.450, 452, 395, 397 r/w section 34 of the Indian Penal Code. 3. The prosecution case in short is that on 13th May 2007 soon after the complainant Pravin Jain 2 opened his jewellery shop, four persons came in a Indica car and four of them entered the shop. Two of them were carrying a revolver and one was wielding a chopper. They hit the complainant with the butt of the revolver and committed dacoity of the gold ornaments and made their way. It is alleged that the ornaments were got melted by the applicant. The applicant thus alleged to be involved in disposing of the stolen property - the property involved in the dacoity. The applicant was not present on the scene of dacoity and his involvement appears to be only to the extent of disposal of the property stolen punishable u/s.414 of the Indian Penal Code. Offence under section 414 is punishable with imprisonment upto a maximum of three years. The applicant is in custody since 1st July 2007 i.e. for a period of more than eight months. Taking into consideration that applicant is not actually involved in the dacoity and he was not present at the scene of the offence and also taking into consideration that the evidence against him, prima facie, is only regarding disposal of the stolen property, in my view, applicant is entitled to bail. Hence, I pass the following order:- O R D E R 3 . Applicant be released on bail on executing a personal bond in the sum of Rs.25,000/- with two sureties of like amount subject to the following conditions:- i) The applicant shall not change his present residential address without prior intimation to the police. ii) The applicant shall attend the Sessions Court on every date to which the case may be adjourned. . Breach of any of the conditions would result in cancellation of the bail. (D.G. KARNIK, J)