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 CRIMINAL APPLICATION NO. 4166 OF 2008 CRIMINAL APPLICATION NO. 4166 OF 2008 CRIMINAL APPLICATION NO. 4166 OF 2008 Narayan Bama Dhopari ...Applicant (Orig.Accused No.1) vs. The State of Maharashtra ...Respondent Mr.A.P. Mundergi, Sr.Counsel i/b. Vishranti Navale for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application for bail. 2. The applicant has been arrested in connection with an offence punishable under Sections 395, 394 and 321 of the IPC which is registered vide C.R.No.I-68/2008 at the Hill Line Police Station. 3. The prosecution case is that the applicant was driving a car and on 18th April, 2008 at about 1.30 a.m., the said Maruti Omni vehicle which was driven by the applicant came in front of the truck and accused no.2 forced the driver of the truck to give Rs.40,000/- from his pant pocket and thereafter, the applicant and - 2 - others escaped. 4. The learned Counsel for the applicant submitted that the only role attributed to the present applicant is that he was driving the Maruti Omni vehicle. A chargesheet has been filed and he is in jail since April 2008. It is submitted that the trial was not likely to be over in the near future and the continued custody of the applicant was not necessary. 5. The learned APP for the State, on the other hand, invited my attention to the order passed by this Court in Criminal Application No.2881/2008 in which the application filed by two other persons sitting in the Omni Car was rejected by this Court. 6. In my view, since the chargesheet has been filed and the applicant is in jail since April 2008, it is not necessary to detain the present applicant in jail since the trial is not likely to begin immediately in near future. The application of the other persons who were travelling in the Omni Car was rejected in September - 3 - 2008 and thereafter, more than four months have passed and therefore, on that ground, merely because the said application of the other persons travelling in the Omni Car was rejected, on that ground, it will not be appropriate to reject the application for bail filed by the applicant. The application, therefore, is allowed. 7. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall report to Hill Line Police Station, twice in a month. 8. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)