1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2534 of 2009 Pradeep alias Balya v. The State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.M. Daga, Adv for applicant Mr A. Parihar, APP for State Coram: A.P. Bhangale, JJ Dated : 24th July 2009 1. Heard Mr Daga, learned counsel for applicant and Mr A. Parihar, learned Addl. Public Prosecutor for State. This is an application for grant of bail in Crime No. 208/2005 registered with Police Station, Ganeshpeth, Nagpur for the offences punishable under Sections 394, 294, 506 (B) read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant contends that applicant is in jail since he was arrested in the present case on 5.9.2005. The first informant was one Pralhad Gopal Agrawal who lodged report that while he was going home from hair-cutting saloon, he was robbed in gold chain and a cash amount. It is also contended that the incriminating article viz. Gold chain which was allegedly robbed, was not recovered from any of the accused and the recovery was from one Dilip Agrawal in the course of investigation. Learned counsel for the applicant submits that the offences with which applicant is charged, are triable by 2 a Magistrate. He submits that criminal cases against the applicant are kept in abeyance due to pendency of Special Case No. 7 of 2003 under the MCOC Act. He submits that for want of Special Judge presiding over the said Court, the criminal case under MCOC Act is still pending. He points that applicant has been directed to be released on bail in criminal case under MCOC Act by this Court vide order dated 13th February 2009 in Criminal Application No. 641 of 2009. Learned counsel submits that if the applicant is ordered to be released on bail, he will abide by the conditions that may be imposed upon him by this Court. 3. Learned Addl. Public Prosecutor opposes grant of bail on the ground that some criminal cases are pending against the applicant. He submits that applicant and his associates were involved in an incident of robbery. He prayed for dismissal of application. 4. Considering the fact that the incident is of the year 2005 and criminal case against the applicant is pending for technical reason on account of the fact that special case under MCOC Act is still to be disposed of, it would not be appropriate to refuse bail to the applicant particularly in view of the fact that this Court has ordered release of applicant in a case under the MCOC Act. Hence, the following order. 5. Applicant be released on bail in Crime No. 208/05 registered with Gitti Khadan Police Station, Nagpur for the offences punishable under Sections 394, 294, 506 (B) read with Section 34 of the Indian Penal Code on his executing PR Bond in the sum of Rs. 25,000/- with two sureties in the like amount to the satisfaction of the Trial Court. Applicant shall not commit any crime during the interrgnum and shall not try to influence any of the prosecution witnesses and tamper with prosecution evidence. He shall leave his permanent address with 3 the Investigating Officer and the Court concerned and shall communicate change, if any, in his address in future. Application stands disposed of accordingly. Judge. hsj