AB 233.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 233/2011 Sani Vijay Mhetre APPLICANT VS. The State of Maharashtra RESPONDENTS Mr.Ujwal R.Agandsurve for the applicant Mr.J.P.Kharge,APP for State CORAM-MRS.MRIDULA BHATKAR , J. DATE -25TH MARCH,2011 P.C. . This anticipatory bail application is preferred by the applicant as the offence of robbery punishable u/s 395, 324, 323, ,504, and 506 of the Indian Penal Code registered at C.R.No.44/2011 at Fauzdar Chawdi Police Station, Solapur. It is alleged that the applicant alongwith the co-accused had picked up quarrel with one hotel owner in the night of 1st February,2011 and assaulted him and robbed cash of Rs.6,500/- from the cash box . He also snatched a gold chain of two tolas of the complainant. The other co-accused were arrested on 2nd February,2011 and bail was granted to them on 5th February,2011. The applicant is a student of first year B.Com. 2 Learned APP opposed this application and AB 233.11 2 submitted that the applicant was absconding since 1st February,2011 and the police wants to recover two tolas gold chain and amount of Rs.6,500/-. Learned counsel appearing for the applicant submits that the applicant was very much not in the city and he was not involved in the crime . It is false and concocted case against him. He submitted that he being a student has to appear for the examination and he is a young boy of 21 years. 3 It appears from the FIR that the assailants were unknown to the complainant when the incident occurred. Therefore,the names of the assailants are not mentioned in the FIR. However, learned APP on query produced supplementary statement of the witness and the complainant and submitted that the name of the applicant is subsequently mentioned by the witness and, therefore, his custody is required by the police. If the assailant /applicant would have been unknown and so his name was not mentioned in the FIR then collection of evidence of Test Identification Parade would have been a good ground to reject this application. However, in the supplementary statement of the witnesses the name of this applicant is mentioned. Therefore, the police may not collect evidence of the identification. Further the supplementary statements are recorded late i.e.on 25/2/2011. AB 233.11 3 4 The applicant has no criminal record. He is a student and a young boy. Considering the nature of the offence , the statements which were produced before the Court , the application for anticipatory bail is allowed on the following conditions. O R D E R In the event of the arrest of the applicant, he be released on his executing bail of Rs.30,000/- with one surety in like amount . He is directed to attend the concerned police station twice a week from 5 p.m.to 7 p.m. till 25/4/2011. The applicant is directed to give full co- operation to the police in the investigation. Mrs.Mridula Bhatkar,J.