1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.81/2011 (Mohamed Samsher Mohamed Bashir .vrs State of Maharashtra) AND CRIMINAL APPLICATION (BA) NO.98/2011 (Sayyad Navedali Sayyad Azaharali and one .vrs State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. F.T. Mirza, Advocate for the applicants, Mrs. B.P. Maldhure, APP for the respondents/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 24, 2011 Heard. By these applications, three accused out of five accused charge sheeted by Police Station, Pandharkawada, District- Yavatmal in connection with Crime No.92/2010 registered on 21.6.2010 for offence under sections 394, 397 r/w 34 of IPC, have prayed for bail. Though the prayer for bail is vehemently opposed by the learned APP upon the matters stated in the reply tendered today, considering the matters stated therein and the nature of material against the applicant in BA No.81/2011 being recovery of amount of Rs.1,26,000/- from the house of his brother and recovery of golden chain and pendent of value Rs.40,160/- from house of his aunt; and against the applicants in BA No.98/2011 recovery of amount from their house and there being no other 2 tangible material showing their involvement/connection with incident occurred on 21.6.2010 at Kopamandvi in which the complainant was looted by three assailants with face covered by stopping his car and, thereafter, throwing the chilly powder in the eyes and by showing knife i.e. of cash amount of Rs.9,50,000/- collected by him from various persons at Nirmal and Adilabad with whom he had business. Needless to add that prima facie perusal of the material in the chargesheet does not reveal identity of the applicants as persons involved in the incident and/or having committed any act for commission of the said crime being prima facie borne from the same. Hardly there exists any material in the chargesheet for coming to prima facie conclusion that the applicants were in possession of the cash amount which was looted from the complainant. In such state of affairs the applicants have made out a case for exercising discretion for grant of bail. However, having regard to the manner in which the crime was committed on public road and the apprehension expressed by the learned APP, it will be necessary to impose suitable conditions to secure the presence of the applicants for the trial. The applicants are directed to be released on bail in connection with Crime No.92/2010 of Police Station, Pandharkawada, District – Yavatmal upon each of them furnishing a P.R. Bond in the sum of Rs.1,00,000/- with one solvent surety each in the like amount and subject to the conditions that the applicants : (i) shall attend said police station in connection with the investigation of the said crime on every Monday until further order; (ii) shall stay upon the address mentioned in the application and shall not leave the same without the permission of 3 the trial court; (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. Both the applications stand disposed of. In view of disposal of main application, Criminal Application (APPP) No.162/2011 also stands disposed of. JUDGE Gulande