1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.1242 of 2009 IN Criminal Appeal No.1059 of 2009 Mohammad Azam @ Sunny Abdul Mannan Shaikh (At present lodged in Nashik Jail) .. Applicant/ Accused v/s. The State of Maharashtra. .. .. Respondent/ complainant Ms.Sartaj Shaikh for Applicant. Mrs.P.P. Bhosale, APP for State. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 11th December 2009 P.C. : 1. The Applicant has applied for being released on bail in respect of Sessions Case No.53 of 2009 in which he has been convicted and sentenced to suffer rigorous imprisonment for 2 years for offence punishable under Section 452 and for 7 years for offence punishable under Section 392 read with Section 397 of the Indian Penal Code. 2. The complainant, who has been examined as PW8, has vividly described the incident of robbery of his cash and mobile, upon threats given by showing one Vastara (Razor) to him. The complainant has 2 described how he ran behind the robber to apprehend the robber, but was stopped short because of the threat given to him by showing the Vastara. However, one Police Jeep, which came on the spot, was taken by the complainant and the Applicant was arrested from near the scene of the offence on the same night itself. 3. The complaint came to be filed before PW6, who investigated the case. The Advocate on behalf of the complainant has sought to show inconsistencies in the evidence of the two witnesses. A reading of the entire evidence of the two witnesses does not show inconsistencies. It shows how the Applicant was brought in the mobile van along with other culprits. It so happened that the complainant was also brought in the same mobile van. He thereafter got the complaint registered. He thereafter showed the accused/Applicant who was in that van. There is no inconsistency of the two statements. The argument of the Advocate for the Applicant that PW6- IO has not stated how the complainant came, is irrelevant. The evidence in paragraph 2 of PW6 corroborates the evidence of the complainant. No case for bail is made out. The Application is rejected. (SMT.ROSHAN DALVI, J.)