IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3336 OF 2009 Amar Ramavtaar Agrawal ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent. Mr.A.P.Mundargi, Sr.Adv. With Mr.A.K.Singh i/by Lex Remedeum, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 6th August, 2009. PC: This is an application for bail under sections 439 of Criminal Procedure Code. The applicant is charged for commission of an offence punishable under sections 395, 353, 325, 427 of IPC in CR No.424/09 of Mira Road police station. According to the prosecution on 24.6.09 in an Anti Encroachment Drive of the Corporation of Mira Bhayander, some of the officers and employees were deputed. The members of the anti encroachment drive are stated to have seized vegetables, fruits and other goods which were being sold on the public road. The present applicant is said to be a person who is carrying on his business in the area where in the anti encroachment drive was taken up. According to the prosecution a refrigerator belonging to the applicant was seized and after some time a group of persons whose belongings were seized by the squad attacked the employees of the Corporation and tried to retrieve the goods and belongings which were seized. In the process some of the employees have sustained injuries. According to the applicant the applicant has not committed any offence. It is stated that he is a permanent resident of Mumbai and there are no chances of his fleeing from justice. He is 1 carrying on business in shop premises. The applicant since his arrest on 24.6.09 is in custody over a period of one and half months. The learned APP on instructions from the IO makes a statement that it will take quite some time for filing of charge sheet. The presence of the applicant can be secured by imposing conditions. After perusal of the FIR and other documents placed on record I am of the view that this is a fit case for release of the applicant on bail however subject to certain conditions that are imposed. The applicant shall be released on bail on executing personal bond in the sum of RS.25,000/- with one or two sureties in the like amount. The applicant shall attend Kanakiya police station, Mira road once in a week on every Saturday between 4.00 to 6.00 p.m. Application stands disposed of. 6.8.2009. 2