1 appln3395of2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3395 OF 2010 Shyam Rangrao Lakhe .. Applicant -versus State of Maharashtra .. Respondent. Mr.Ganesh K. Gole, for the Applicant. Mr.P. S. Hingorani, APP for the State. CORAM: A. R. JOSHI, J. DATED: 2nd AUGUST 2010 P.C. 1. Heard rival submissions at length on this application for anticipatory bail apprehending applicant’s arrest in CR No.53/2010 registered with Shivaji Nagar Police Station, Ichalkaranji, District: Kolhapur. 2. The offences alleged against present applicant are punishable u/s 394, 120(B) r/w 34 of Indian Penal Code; perse such application of sections appears to be incorrect considering even prima facie case of the prosecution which is to be narrated herein. 3. According to complainant as usual he opened his shop on 12.6.2010 at 9.00 am and during the course of that day four unknown persons wearing masks on their face by using some 2 appln3395of2010.sxw monkey cap entered his shop and closed the door from inside. They were armed with weapons like sword, stick and Gupti. One of them gave threat of dire consequences and killing of the complainant and demanded an amount of Rs.1,00,000/-. The complainant expressed his inability to give such amount then and there. In the meantime, two employees who were in the inner portion of the shop, came out. They were also threatened. They were also robbed of their two mobile hand sets and by that time some outsider knocked the door of the shop. Sensing the danger, four robbers left the shop and ran away. 4. The complaint was lodged with Shivaji Nagar Police Station, Ichalkarani for the offence punishable u/s 394 read with 34 of IPC. Four persons were put under arrest on 12.6.2010. Certain recoveries were made as against them. After about a month's custody, they were released on bail by the learned Sessions Court. Prior to that they were put for test identification parade. So far as present applicant is concerned, according to prosecution, his name was revealed during investigation and mainly from the interrogation of the four earlier arrested accused. During interrogation it was revealed that the present applicant is main brain behind the said entire episode of giving threats of killing and looting the complainant and his employees. According to co- accused, they were given proper instructions and were asked to 3 appln3395of2010.sxw carry out the plan which was hatched at the farm house of the present applicant. Reportedly, nothing is seized at the instance of present applicant, so also there are no criminal antecedents. From the contents of First Information Report, prima facie it appears that the four unknown persons entered his shop and committed sort of robbery. Admittedly there is nothing on record, even prima facie, to suggest they are from one association and the fifth robber was outside keeping guard on the shop and was there to help his four associates. In view of above facts and circumstances, the discretionary relief can be granted in favour of the applicant. Hence order. ORDER i) Criminal Application is allowed ii) In the event of arrest of applicant in CR No.53 of 2010, registered with Shivaji Nagar Police Station, Ichalkarani, District: Kolhapur, he shall be released on bail on his executing a PR Bond in the sum of Rs.15,000/- (Rupees fifteen thousand only) with one surety for the like amount. iii) In the event of arrest and availing bail, applicant shall report to the concerned police station, once in a week on every Saturday between 4 appln3395of2010.sxw 10.00 am to 12 noon till completion of investigation. iv) This anticipatory bail shall be effective till filing of the chargesheet and thereafter the applicant shall apply for regular bail before the concerned Court. ( A. R. JOSHI, J.)