1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 42 of 2010 Lakhan Irkal ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Jaydeep Mane for the applicant. Mr.J.P. Kharge APP for the State. CORAM : D.G. KARNIK, J. DATED : 16th February 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R. No.225 of 2009 registered at Foujdar Chawadi Police Station, Dist. Solapur in connection with an offence punishable u/s.395, 397 r/w sec. 34 of the IPC. 3. The prosecution case in short is that on 26th November 2009, Ramesh R. Jadhav (for short “the complainant”) who was working as a dealer in second hand cars and two wheelers had gone to Solapur for purchase of a pre­owned car and was carrying Rs.19,000/­ in his pant 2 pocket. He was sitting in a Killa Garden at about 2.30 p.m when 6 young persons aged 20 – 22 came there, assaulted him and robbed him of Rs.19,000/­. On hearing the shouts, guards and policemen nearby came to the spot and they were able to catch one of the robbers. The accused who was caught red­handed disclosed the name of his five accomplices. The applicant is one of the five accomplices. Test Identification Parade was held in respect of the three accused who were subsequently arrested and complainant was not able to identify the present applicant. Thus, the only evidence available against the applicant is statement of co­accused. 3. Taking into consideration the nature of the evidence available against the applicant, in my view, applicant can be granted bail. Hence, I pass the following order:­ O R D E R Applicant be released on bail on executing P.R bond of Rs. 15,000/­ with two sureties of like amount subject to a condition that the applicant shall not threaten any of the prosecution witnesses and shall report his attendance to the concerned police station once a fortnight i.e. 1st and 3rd week of every British Calendar Month till the conclusion of the trial. Breach of any of the conditions shall result in cancellation of the bail forthwith. (D.G. KARNIK,J.)