(1) Criminal Application No. 3313 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3313 of 2011 Sarmad Baig @ Kalu Hamam s/o. Khalil Baig, Age : 42 years, Occupation : Business, R/o. Taher Manzil Second Floor, Room No. 32, Sadi Bazar, Maulana Azad Road, Nagpada, Madanpura, Mumbai. .. Applicant. versus The State of Maharashtra, Through Police Station, Soygaon, Taluka : Soygaon, Dist. : Aurangabad. .. Respondent. ....................... Mr. G.R. Syed, Advocate, for the applicant. Mr. G.R. Ingole, Additional Public Prosecutor, for the respondent. ........................ (2) Criminal Application No. 3313 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 25TH AUGUST 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and also heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking regular bail, in connection with Crime No. 103/2008, registered at Police Station, Soygaon (District : Aurangabad), for the offences punishable under Sections 392, 120(B) read with Section 34 of Indian Penal Code, and under Section 3/25 of Indian Arms Act. 3. It appears that the offence has been registered on the basis of the complaint lodged by Mangalchand s/o. Balaram Khandelwal, on 16-9-2008 against unknown three robbers. It is alleged in the said complaint that the complainant is having a petrol pump at Fardapur under the name and style, "Khandelwal Brothers (Bharat Petroleum). On 16-9-2008, the complainant proceeded towards State Bank of Hyderabad, Branch Ajintha, by Maruti-800 vehicle, along with cash amount of Rs. 2,70,000/- i.e. (3) Criminal Application No. 3313 of 2011 proceeds of sale of petrol and diesel, and at about 11.10 a.m., when he was passing through Ajintha Ghat, one white colour Indica car overtook him and obstructed the complainant's car by stopping in front of his car, and the said Indica car was having registration No. 4593, and two unknown persons alighted therefrom, and one of them came near to him and raised pistol at the ears of the complainant and asked the complainant to keep mum, whereas another person took out money bag from the car containing Rs. 2,70,000/- and extorted the same and one mobile phone of Nokia Company from his pocket, and thereafter they fled away with money bag and mobile phone. 4. It appears from the investigation papers, that the applicant was absconding and he was arrested on 17-5-2011, and thereafter, supplementary charge sheet was filed against him. Significantly, identification parade in respect of the applicant was conducted on 25-5-2011 and the complainant herein identified the applicant thereon. 5. Besides, it is pointed out that various offences have been registered against the applicant, that too, in Madhya Pradesh, Gujrat and also elsewhere. In the said context, it is the contention of the learned Counsel for the applicant, that the applicant has been acquitted for the said offences. However, (4) Criminal Application No. 3313 of 2011 learned APP pointed out that there are about nine cases in which offences have been registered against the applicant, whereas learned Counsel for the applicant submitted that in five cases, the applicant has been acquitted and in one matter, he was discharged. However, it appears that cases in respect of other offences are still pending against him. 6. Considering the facts and circumstances, and considering apparent complicity of the applicant in the present offence, and the apparent criminal background of the applicant, present application deserves to be rejected. 7. In the result, present Criminal Application, which is sans merits, stands dismissed, and is disposed of finally. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3313