1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1511 OF 200 CRIMINAL APPLICATION NO.1511 OF 200 CRIMINAL APPLICATION NO.1511 OF 2009 Sameer @ Sunny Salim Shaikh, .. Applicant. Vs. State of Maharashtra .. Respondent. Ms.Shabana Shah i/b O.A.Siddiqui for the applicant. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 27th April, 2009. DATED : 27th April, 2009. DATED : 27th April, 2009. P.C.: 1. Heard learned counsel for the applicant and learned A.P.P for the State. 2. The applicant is seeking bail in C.R.No.57 of 2008 of Thane Railway police station, Thane. The said crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 395 and 397 of IPC. 3. It is the prosecution case that the complainant and the accused were travelling in a local train from Thane to Badlapur. It is alleged that all accused assaulted the complainant and robbed his belonging worth Rs.65,000/-, which consisted of gold ring, two gold chains and a mobile phone. 2 2 2 4. The investigation in this case is over and the charge-sheet has also been filed. The applicant came to be arrested in connection with this offence on 14th May, 2008. Ms.Shah, learned counsel for the applicant, at the outset, invited my attention to the orders passed by the Sessions Court and this Court in respect of accused nos 2,3,4 and 5 and submitted that the applicant is also entitled for bail on parity. I have perused the chart prepared by the learned counsel for the applicant. It shows that there was a recovery of mobile phone, broken Khanjar and one shirt having blood stains at the instance of the applicant. Similar are the recoveries at the instance of the other accused. The submission of Ms Shah, learned counsel for the applicant that the applicant is entitled for bail on parity, has not been disputed by the learned APP. In the circusmtances, the present applicant is also entitled for bail.Hence, the following order. . The applicant is directed to be released on bail in the sum of Rs.35,000/- with one or two sureties of the like amount subject to condition that he shall report to the concerned police station on every Wednesday and Saturday between 7 and 8 pm for a period of three months from today and thereafter on every Saturday between 7 and 8 pm till conclusion of 3 3 3 the trial. . The applicant is allowed to deposit cash of the bail amount for a period of two weeks from today and shall substitute the same by furnishing surety in the like amount amount within the period of two weeks. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)