1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 760 OF 2010 Ashish Suryakumar Singh Bagel. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.A.P.Mundergi, Sr. Advocate along with P.R.Arjunhwadkar for the Applicant. Smt.A.R.Mane, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 26th March, 2010 PC : 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No.I-5/2009 registered by Kasara Police Station for alleged offences under Sections-397, 392, 341 read with 34 of the I.P.C. The complainant Arjunsingh Parihar has filed F.I.R. indicating that he was friend of the present applicant and on 29.10.,2009 he along with applicant went to Shirdi. On their way back to Mumbai, the applicant was 2 talking to some person on mobile. The complainant s car passed through Kasara and at that time a white Indica car came from Bombay side and stopped his car. One of the person from the said car hit the car of the complainant with a wooden stick and pulled him out of the car. Thereafter, they assaulted the complainant by a wooden log on his head and they took the crolla car, golden chain, a mobile phone and cash of Rs.8000/-. The value of the stolen property is Rs.5,00,000/-. The complaint indicates that applicant and one accused went away towards Nasik and whereas three accused went away towards Bombay with the stolen corolla car. The said car was apprehended by the police and some wooden sticks and an iron wire by which the complainant was beaten were recovered. The present applicant has been arrested on 29.10.2009 and nothing has been recovered at his behest. I have perused the injury certificates. There is no grevious wound. In the circumstances, prima facie Section 397 of the I.P.C. would not apply. At the 3 highest, the offence can be said to be one punishable under Section 392 of the I.P.C.. This offence is not punishable with life imprisonment. It is contended that the applicant is an educated boy and his educational certificates are annexed. It appears that the present applicant is a resident of M.P. The documents pertaining to his address are given. In the circumstances, since the charge sheet has been filed, I am inclined to grant bail to the applicant subject to stringent conditions. It is therefore, directed that pending his trial in C.R.No.I-5/2009 registered by the Kasara Police Station, the applicant may be released on bail in the sum of Rs.50,000/- subject to the condition that he will furnish surety from within Thane District. He will also report to the Investigating Officer once in a month on every first Monday till the conclusion of his trial. He will also attend all the dates in the case against him, unless exempted. Application is disposed off. ( R.S. MOHITE, J.)