appln-3066-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 3066 of 2010 Satish Ramdas Savant and others .. Applicants. vs. State of Maharashtra .. Respondent. Mr V.M. Thorat i/by M.V. Thorat, for the Applicants. Mr P. S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 12TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by the applicants who are arrested in connection with C.R. No.36/2010 registered by Tembhurni Taluka Police Station for the offences punishable under Sections 395, 341, 363, 323, 504, 506 of I.P.Code and u/s 30,5(25),27 of Arms Act. 2. The allegations against the applicants and other co-accused, total seven accused, are that on the night of the incident i.e. between 20.2.2010 and 21.2.2010 they, in assistance with each other, robbed the complainant and his associates of some she-buffaloes and a he buffaloe, eight animals, while said appln-3066-10 animals were being transported from Chakan to Sholapur, as those animals were purchased by the complainant. 3. There are statements of about four witnesses recorded on 27.2.2010 noticing the present applicant No.1 and other co-accused indulging in some transaction as to alteration with the complainant and his associates and the complainant and others were compelled to sit in one Indica car which was brought by the applicants and their associates. Though it is argued on behalf of the applicants that the T.I. parade is not incriminating so far as there is no identification of any of the applicants by the complainant and other witnesses, there is still no explanation from the Investigating Agency as to why there was a delay caused for conducting the T.I.parade. The T.I.parade was conducted on 17.4.2010. Whereas all the applicants and the co-accused were arrested on 26.2.2010 for the offence committed on the night between 20.2.2010 and 21.2.2010. Apparently, there is nothing suggested in the present application as to any political rivalry between the complainant and the applicants and their associates so as to falsely implicate the applicants in the present matter. 4. Admittedly, there is recovery of licenced gun and 17 used cartridges from the house of the present applicant No.1 and recovery of pick up van from applicant No.2 and allegedly the same pick up van was used in the present matter of robbery. Apparently, there is no recovery at the instance of applicant No.3, so also, his name is not taken by any of the witnesses while they noticed some commotion when the complainant and his associates were being transported from their transport vehicle to Indica car. At this juncture, on asking by the Court it is informed by the learned A.P.P. that Indica car is also seized from the custody of the appln-3066-10 applicant No.1. Allegedly, said Indica car was also used while committing the said offence of robbery as mentioned by the first informant. 5. Considering the above prima facie material, only applicant No.3 can be granted bail. However, there is nothing to entertain the application for bail preferred by the applicant Nos. 1 and 2. In the result, the following order:- ORDER: (a) Bail Application No. 3066/2010 is partly allowed so far as applicant No.3 Vikas Naganath Gite is concerned. (b) Applicant No.3 shall be released on bail on furnishing a PR bond of Rs.15,000/- with one surety in the like amount on the following conditions. (i) On availing the bail the applicant No.3 shall attend concerned police station on every Sunday between 10-00 a.m., to 12.00 noon till conclusion of the trial. (ii) Applicant No.3 shall not threat or influence the witnesses in the case. (c) Prayer of Applicant Nos. 1 and 2 for bail stands rejected. (d) As the charge sheet is already filed, the concerned Sessions Court shall dispose of the matter as expeditiously as possible, in accordance with law. (e) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. Application is disposed of. (A.R.JOSHI,J) appln-3066-10