1 SNS N THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5597 OF 2010 Khurshid Shaikh Abdul Aziz Shaikh ...Applicant. v. State of Maharashtra ...Respondents. Mr. R.D.Suryawanshi i/by Shri Waseem Shaikh, advs. For the Applicant. Mr.S.A.Shaikh, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 27, 2011. P.C. 1 Applicant seeks to be released on bail in Crime No.35 of 2010 registered under Section 395 of IPC by Mahatma Phule police station, Kalyan. 2 Prosecution case in brief is that on 19.1.2010 at about 2.30 a.m., complainant Parshuram Gangaram Bhoir, his nephew Yuvraj Bhoir and one Ravi Shankar Verma were on duty as security watchmen. At that time, a truck came there and some persons alighted from the said truck. Out of them, one was armed with sword and another had a stick. They forcibly loaded iron bars on the truck. When the security watchmen objected, they were also assaulted. However, taking opportunity complainant rushed towards the village and called the people due to 2 which culprits ran away leaving the truck on the spot. Truck driver was caught on the spot. The present applicant was arrested four days after the incident. Test identification parade was held on 3.4.2010 and the present applicant was identified by the complainant Parshuram as well as his nephew Yuvraj as one of the culprits. However, no specific role was assigned to him nor there is anything to show that he was armed with sword or stick. It appears to be case of attempt to commit dacoity wherein two of the culprits were armed with swords or sticks. In view of the circumstances, naturally nothing was to be recovered nor it was recovered from the present applicant. Admittedly, he has no criminal antecedents. The learned PP on instructions states that applicant is from Kashmir and may abscond if bail is granted. The learned counsel for the applicant however, stated that applicant is willing to furnish one or two local solvent sureties. 3 Therefore, the applicant be released on his executing PR of Rs.50,000/- with one or two local solvent sureties to make up the amount of Rs.50,000/- with condition that he shall not tamper with the prosecution evidence and shall also attend the police station on every 1st and 3rd Sunday of the month till the end of the trial. 3 (J.H. BHATIA,J.)