- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 528 OF 2008 Don Sing @ Virmangalsingh M. Dudhani Applicant vs. State of Maharashtra Respondent Mr. V. V. Gangurde i/b G. V. Bhagat & W.I. Shaikh, Advocate for the applicant. Mr. Rajesh More, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 17, 2008. PC 1. Heard. 2. Applicant is arrested in connection with C.R. No. I-102/2007 registered with Badalapur Police Station for the alleged offence punishable under section 394, 397, 452 read with section 34 of Indian Penal Code. Applicant seeks bail under section 439 Cr.P.C. 3. Application for bail was previously made by the applicant to the Sessions Judge has been rejected by an order dated 20th October 2007 I see no reason to take a - 2 - different view in the matter. 4. Prosecution case in short is that on 6th July 2007 at around 2.00 a.m. the applicant, along with other accused entered into the house of complainant Deepak Jadiya and assaulted him on his head with a sharp weapon and injured him and robbed amount of Rs.4,40,600/- from the cupboard of his house. They also robbed gold ornaments from the person of his wife by threatening her and took away a mobile phone. 5. Identification parade was held and the applicant has been identified in the identification parade. On search of his premises, some stolen articles including the mobile phone was recovered from the applicant. Thus, there is a prima-facie material connecting the applicant to the crime. 6. Learned APP submits that applicant is habitual offender and is involved in committing roberies and other offences. Applicant was convicted by J.M.F.C. Ulhasnagar in R.C.C. No. 233 of 1997. Three offences are registered against him. 7. Taking into consideration the prima-facie material available against the applicant and also the gravity of - 3 - the offence which is serious offence punishable with imprisonment upto ten years and the previous antecedents of the applicant, in my view, he is not entitled for bail. Hence, the application for bail is rejected. [ D. G. KARNIK, J.]