1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 333 OF 2010 Akhtar Usman Khan .. Applicant V/s State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. K.S. Patil for the applicant. Mr. S.N. Gawade, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 29TH JANUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No. I-73 of 2009 registered at Khalapur Police Station, District Raigad for an alleged offence punishable under sections 394, 342 read with 34 of the I.P.C. 2 3. The prosecution case in short is that in the night between 15th and 16th June 2009, four persons entered the premises of James Casting Company, tied the hands and legs of the two watchmen, locked them in a bathroom and committed the theft of nickle scrap weighing 1070 kgs. in twenty gunny bags. The stolen material was found in the possession of the applicant. The applicant is therefore charged with the offence. 4. Admittedly, the applicant was not present at the scene of the crime. The four persons, who had committed the theft, have been identified by the two watchmen and the applicant is not one of them. The facts prima facie disclose that the applicant may be a receiver of the stolen property, but his participation in the theft/dacoity is not established. 5. Initial F.I.R. was of theft. A charge of 3 dacoity with use of dangerous weapons was subsequently added. In the initial statements, both the watchmen did not state about presence of five or more persons nor did they state of use or possession of any dangerous weapons. It is only after 15 days in a supplementary statement they stated that an air gun was used for the purpose of commission of the crime. Reason for not mentioning the use of air gun in the F.I.R. is not satisfactorily explained. 6. In the facts and circumstances of the case, in my view, the applicant can be granted conditional bail. Hence, I pass the following order: ORDER The applicant be released on bail on his executing a personal bond of Rs.20,000/- with two sureties of the like amount subject to the following conditions: 4 (i) The applicant shall not leave the area of Khalapur Police Station except for occasional visits and that too after prior intimation to the concerned police station about the date, place and purpose of his visit. (ii) The applicant shall also report his attendance to the concerned police station once a month between 1st and 5th day of every British calendar month. (iii) In the event of any breach of the above conditions, the bail shall be liable to cancelled forthwith. (D.G. KARNIK, J.)