IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 717 OF 2009 Gauray Ramu Waghe ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Vishwanath Kowchale for Applicant Shri S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 17TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under sections 396, 397 of the Indian Penal Code registered at Ambernath Police Station vide C.R. No.I-325 of 2007. 3. The role which has been attributed to the present Applicant is that the Applicant was standing outside the bungalow and keeping watch while the other accused had committed decoity in the said house. The present Applicant has not been identified in the test identification parade. The only recovery of old sari has been made at the instance of the Applicant. 4. Taking into consideration that the Applicant is standing outside the bunglow to keep watch and that he had not participated in the decoity which had taken place inside the house, continued detention of the Applicant, under these circumstances, is not necessary. 5. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a week till pending the hearing and final disposal of the trial. 6. Application is disposed of. V.M. KANADE J.