IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3851 OF 2009 Tanaji Dedvarao Lakade ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Rajeev Patil i/by Mr.V.V.Purwant, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 4th Sept., 2009. PC: Heard. This is an application seeking regular bail moved under section 439 of Criminal Procedure Code. The present applicant is serving as police Naik in the police department. The applicant is having landed property within the limits of village Mohol and is stated to be looking after it personally. According to the applicant because of rivalry in the village a false complaint has been filed consequent upon which crime No.82/09 under section 392 of IPC has been registered. According to the prosecution on 1.8.09 at about 6.15 p.m. the applicant along with three other persons halted the truck driven by the complainant and allegedly demanded entry fee of Rs.100/­. The complainant took out 500 rupee note and stated that he does not have change. The applicant has snatched the said 500 rupee note and after seeing the villagers coming the applicant and other co accused ran away. 2. According to the applicant at the relevant time he was attached to Solapur rural police station. On the date of incident he was sent to Panagairi police station with a view to control the situation which was 1 worsened as the police station itself was attacked. Village Koravali where the incident had taken place is about 140 kms. from Panagairi police station. Learned counsel for the applicant has categorically asserted that the applicant was posted at Panagiri police station and had resumed his duties at 12 noon and in between the night of 31.7.09 and 1.8.09 the applicant was on night round along with 12 police personnel. Learned APP on instructions from IO submits that during investigation it is revealed that the present applicant was at Panagairi village. The name of the applicant is mentioned by the villagers as the person who snatched the 500 rupee note from the complainant. However no test identification parade has been held. The applicant is in custody from 1.9.09. Having regard to the totality of facts and circumstances I am of the view that this is fit case for grant of bail. In the result the applicant­Tanaji Dedvarao Lakade in CR No.282/09 for offences punishable under section 392 read with section 34 of IPC shall be released on bail on executing personal bond in the sum of Rs. 25,000/­ with one solvent surety in the like amount. The applicant shall attend concerned police station once in a week on every Saturday for a period of two months or till filing of the charge sheet whichever is earlier. The applicant shall not contact the witnesses. Application stands disposed of. 04.09.2009. 2