1 Appln 5198-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5198 OF 2010 Shrikant Haribhau Kokate ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Jaydeep Mane, Advocate, for the Applicant Mrs.S.D.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 15TH DECEMBER, 2010 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by applicant, who is arrested & charge sheeted in connection with C.R.No.229 of 2010 for the offence punishable under Section 395 of the Indian Penal Code registered with Mohol Police Station, District Solapur for his participation in a dacoity. The allegation is that at about 00:30 hours on 1st June, 2010, 2 Appln 5198-10 7-8 miscreants snatched cash of Rs.10,000/- from the first informant Shivaji Gharge, pushed other persons present there, carried away two machines worth Rs.50,000/- each & snatched some Gold ornaments and in all six mobile phones. Investigation is complete and charge sheet has been filed. The allegation against the applicant is that mother of co- accused Sachin Mane, who was arrested on 1st July, 2010 reported on 4th July, 2010 that the applicant, along with another unknown person, dumped gunny bag in front of her house and went away. The gunny bag was found to contain the two machines which had been taken away from the Complainant. It is incredible that the applicant would dump machines at the house of the co-accused after the co-accused was arrested. The next piece of evidence by which the prosecution seeks to connect the applicant is seizure of two mobile handsets from the applicant which were identified by the first informant. However, the police have not taken 3 Appln 5198-10 any steps to identify the mobile hand sets with reference to IMEI numbers. It would have been easy to find out those numbers when the first informant had given Sim card numbers. The investigating officer has also not taken any trouble to put the applicants to Test Identification Parade. 3. In view of this, though co-accused has been admitted to bail, applicant too be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that he shall attend Mohol Police Station, District Solapur every Sunday between 10:00 a.m. to 1:00 p.m. for the next three weeks and thereafter, on the 1st Sunday of the month till the trial is over. 4. Criminal Application is disposed of. (R.C.CHAVAN, J.) 4 Appln 5198-10 . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court dated 2 nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.).