1 Appln 4347-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4347 OF 2010 Dattu Namdeo Gulve ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Raja Thakare a/w.Mr.Ramesh Dube Patil i/b.M/s.Jay And Co., Advocate, for the Applicant Mr.Prashant Patil, Advocate, for the original Complainant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 5TH OCTOBER, 2010 P.C. . The applicant, who is alleged to have robbed the victim of a Gold chain weighing five tolas, two rings each weighing one tola and Rs.5000/- in cash in connection with C.R.No.348 of 2010 for the offence punishable under Sections 363, 394 read with 34 of the Indian Penal Code registered with Ambad Police Station, Nashik seeks enlargement on anticipatory bail. Two other persons, who had 2 Appln 4347-10 carried the victim in a car, beaten him up at the time of this robbery have been admitted to anticipatory bail by this Court. The learned Counsel for the applicant states that the applicant is related to the victim and in fact, there is some Civil dispute which gave rise to this complaint. All the same, the learned Counsel for the applicant states that his client would deposit Rs.89,000/- which is value of items allegedly robbed to show his bona fide. The learned APP has strong objection to the applicant s being admitted to anticipatory bail. The learned APP states that two others those have been bailed out since those two other persons had not committed any robbery. She further states that custodial interrogation is necessary in order to seize the ornaments so that they are duly identified by the complainant. If the investigating officer expects two months after the offence was registered that the applicant would keep the ornaments in order to furnish 3 Appln 4347-10 evidence on platter to investigating officer he must be expecting impossible to happen. Considering the time lost as also the fact that investigating officer does not seem to have taken the trouble of searching the house of the applicant immediately after the incident, no useful purpose would be served by denying liberty claimed by the applicant. 2. In view of this, application is allowed. In the event of arrest, applicant be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the like amount of Rs.50,000/- on the following conditions. (i) The applicant shall deposit Rs. 89,000/- with CJM, Nashik within a period of two weeks. The learned Magistrate shall invest the said amount in any Nationalized Bank and deal with this amount at the end of trial. (ii) The applicant shall report at the Ambad police station, Nashik for interrogation on 7th October, 2010 at 10.00 a.m. and thereafter, as and when required by the investigating officer. 4 Appln 4347-10 (iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) The applicant shall not leave India without the previous permission of the Court. 3. The order shall remain in force till the charge sheet is filed and thereafter, applicant may approach appropriate Court for regular bail. (R.C.CHAVAN, J.)