MP 1 BA1878_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1878 OF 2011 Divyesh Balu Kamli ... Applicant Versus State of Maharashtra and another ... Respondents Ms Mallika A. Ingale, Advocate for the Applicant. Mr. Y.S.Shinde, APP for the Respondent No.1 State. Mr. D.A.Nalawade, Special Public Prosecutor for Respondent No.2. CORAM : J. H. BHATIA, J. DATE : 23RD DECEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.76 of 2011 registered with Nani Daman Police Station for the offences punishable under Sections 392, 109 r/w. Section 34 of the Indian Penal Code. 2. Prosecution case, in brief, is that on 10.08.2011, accused No.2 Dharmesh collected amount of Rs.77 lakh from three banks namely ICICI, HDFC and Axis Bank for loading the said amount in the ATM. The amount was being taken by Van No. MH-43-F-6796. Before he reached the ATM, the accused Nos.1 and 3 reached there. Accused No.1 Kamlesh @ Lalo had come on a car and accused No.3 Nitesh @ Karu had come on a motorcycle. Accused No.1 forcibly pulled out the driver of the Van in which the cash was kept and thereafter he took away the amount of Rs.77 lakh from the said Van. Whole of the amount was recovered from accused No.1. According to prosecution, the said car, by which accused No.1 Kamlesh had gone to the spot of the incident for committing the offence, was arranged by accused No.4 Divyesh, who is the applicant before this Court. MP 2 BA1878_11 3. From the material collected by police during the investigation it appears that, accused No.1 Kamlesh and accused No.4 Divyesh were the friends. Accused No.1 had requested accused No.4 to arrange for a car for two days as he needed the same. Therefore, accused No.4 arranged for the car on hire for two days and the car was directly given by the owner to accused No.1 and then it was used for commission of the offence. The case against the present applicant does not go beyond contacting the owner of the car to give the same on hire to accused No.1. According to prosecution, he was in conspiracy to commit the offence but there is no material except the above. 4. Therefore, the applicant be released on his executing P.R. of Rs.30,000/- with one or two sureties to make up the amount with condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)