IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3459 OF 2008 CRI.APPLICATION NO.3459 OF 2008 CRI.APPLICATION NO.3459 OF 2008 Ishrat Ali Khan @ Yusuf Pathan @ Ratnagiri shaikhet Alli Khan .. Applicant Vs State of Maharashtra, .. Respondent. Mr G.M.Savagave, for the applicant. Mr H.J.Dedhiya, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 26/11/2008 DATE : 26/11/2008 DATE : 26/11/2008 PC: PC: PC: 1. Heard Mr. Savagave, learned counsel for the applicant and Mr Dedhiya, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.I-203 of 2007 of Thane Gramin Wada police station, Dist-Thane. The said crime has been registered against the applicant and eight others for having allegedly committed an offence punishable under sections 395 and 342 of IPC. 3. The applicant and the co-accused allegedly committed dacoity at the factory of the complainant and robbed articles/scrap material having their company’s logo worth Rs.21 lacs. While committing the offence all the accused allegedly used knives. During investigation, the prosecution conducted a test identification parade in which admittedly the applicant was not identified as one of the persons who committed the dacoity. There is recovery at the instance of the applicant of the cash and articles having logo of the complainant’s company worth Rs.70,400/-. In view thereof, the learned counsel for the applicant submitted that the provisions of section 411 of IPC, at the most, would be attracted. Except the recovery, there is no other material against the applicant to connect him with the offence of dacoity. In the circumstances, I am inclined to enlarge him on bail. Hence, the following order. 4. The applicant to be released on bail in the sum of Rs.50,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station every Wednesday and Saturday between 7 and 8 pm for a period of three months and thereafter on every Saturday till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)