1 Cri-A-42-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 42 OF 2011 Mr. Sunil Bansgopal Singh ... Applicant Vs. The State of Maharashtra ... Respondent Mr. A.M.Saraogi, Advocate, for the applicant. Smt. R.V.Newton, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st February, 2011. P.C. 1. The applicant seeks to be released in Crime No.303/2010 registered at Kurar Police Station under Sections 392, 397, 452, read with Sec.34 of IPC. 2. The prosecution case, in brief is that about 9 days before this FIR was lodged, the present applicant had been to the workshop of Chandramohan Shukla and said that certain amount was due to him from Mulayam Yadav, the owner of land,for the work done by him. He insisted for payment of that money and also threatened. On 29.11.2010, in the night, Chandramhan Shukla gave amount of Rs.7,000/- to his employee Jagannath Yadav for certain purchases. On 30.11.2010 at about 5 a.m. the present applicant accompanied by one Santosh and one 2 Cri-A-42-11.sxw unknown person went to the workshop and knocked the door and when the door was opened, they asked the first informant Jagannath Yadav to hand over the amount which he had and therefore he handed over amount of Rs.7,000/- to Santosh Upadhya. Said Santosh Upadhya was armed with a knife. After the incident, the report was lodged at 12.30 hours on the basis of which offence came to be registered. 3. Amount of Rs.6,000/- was recovered from Santosh Upadhya and the mobile handset was recovered from another accused who was also arrested. Nothing was recovered from the present applicant nor he was armed with a weapon. Learned APP, on instruction, states that the present applicant has no previous criminal antecedents. 4. Therefore, the applicant be released on his executing P.R. of Rs. 10,000/- with one surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)