1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5565 OF 2009 Mr. Ismail Amin Shaikh ..... Applicant. V/s The State of Maharashtra ..... Respondent. Mr. V.V. Purwant i/b Mr. S.D. Suryawanshi for the applicant. Mr. S.A. Shaikh, APP for the State. CORAM: V. M. KANADE, J. DATE : 15TH TH DECEMBER, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant was arrested on 30/10/2009 in connection with the offence punishable under sections 364, 323, 504, 506 read with section 34 of the Indian Penal Code and under sections 3, 25, 27 of the Arms Act which is registered with Central Police Station, Ulhasnagar vide C.R. No.I-226 of 2009. 3. It is alleged that the complainant and others had kidnapped two persons viz. Mahendra and Sandesh and were 2 taking them in a jeep. The applicant had pointed an article resembling pistol. However, the applicant and other co- accused were apprehended by police. 4. Counsel for the applicant submitted that other accused had been released on bail by the Sessions Court. There is recovery of air pistol from the present applicant. 5. The learned APP pointed out that there are two other cases pending against the present applicant for the offence punishable under section 379 of the Indian Penal Code. 6. Admittedly, investigation is almost over and charge-sheet is likely to be filed within a period of two weeks. The other co- accused have been released on bail. The Sessions Court has noted that all other accused are students. Present applicant also appears to be a young boy of 22 years of age. The pistol which is recovered, in fact, is an air pistol and it is also an admitted position that it is not necessary to possess license for carrying the said air pistol. Applicant, therefore, in my view, need not be detained indefinitely, pending trial. 7. Applicant be released on bail in C.R.I-226/2009 registered with Central Police Station, Ulhasnagar in the sum of Rs 5000/- with one or two sureties in the like amount. He shall, however, not enter the jurisdiction of Central Police Station, Ulhasnagar during pendency of trial. He shall give his new residential address to the Superintendent of jail before his release. He 3 shall report to the nearest Police Station from his new residence once in a month 8. Application is disposed of. (V.M. KANADE, J.)