-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.174 OF 2008 APPLICATION NO.174 OF 2008 APPLICATION NO.174 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL APPEAL APPEAL NO.143 OF 2008 NO.143 OF 2008 NO.143 OF 2008 Ravi Lambodar Kurdekar ...Applicant vs. The State of Maharashtra ...Respondent Mr.Nitin Sejpal h/f Mr.V.V.Purwant for the Applicant. Mr.U.S.Shinde,A.P.P. for State CORAM: CORAM: CORAM: SMT.V.K.TAHILRAMANI,J. SMT.V.K.TAHILRAMANI,J. SMT.V.K.TAHILRAMANI,J. DATE DATE DATE : JUNE 24,2008. : JUNE 24,2008. : JUNE 24,2008. P.C.: P.C.: P.C.: 1. Heard learned Advocate for the Applicant-original accused No.3 and the learned A.P.P. for State. 2. The Applicant-original accused no.3 has been mainly convicted under sections 394, 397 read with section 34 of the Indian Penal Code. Applicant is now seeking bail. 3. No witness has stated that the Applicant was holding a weapon at the time of offence. In fact, none of the witnesses has identified the Appellant as being present at the time of incident. From the evidence it is seen that applicant received gold biscuits from one of the co-accused. Thus, at the most prima facie it can be said that the accused is guilty of receiving stolen property, however, the learned Sessions Judge has convicted the Applicant under sections 394 and 397 and not under section 411 of the Indian Penal Code. -2- 4. Looking to the evidence on record, I am inclined to grant bail. 5. The Applicant-Ravi Lambodar Kurdekar be released on bail in the sum of Rs.35,000/- (Rupees thirty five thousand only) with one or two sureties to make up the said amount. The Applicant is directed to report Kalachowkie Police Station, Mumbai once in two months till the disposal of the Appeal. 6. Application disposed of. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)