1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5270 of 2009 Mr.Rajesh Dattu Saravade ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Vaibhav Jathar for the applicant. Mr J.P. Kharge APP for the State. CORAM : D.G. KARNIK, J. DATED : 13th January 2010 P.C. 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R.No.138 of 2009 registered against him at Paud police station. The offence alleged is punishable u/s/305 and 342 of the IPC. 3. The prosecution case in short is that in the night between 29th June 2009 and 30th June 2009 at about 1.30 a.m, 8 to 10 persons committed dacoity in the building site under construction. Applicant is alleged to be one of the members of the gang committing dacoity. 2 4. Application for bail made by the applicant was rejected by the Sessions Judge by an order dated 15th October 2009 on the ground that applicant is a history sheeter and crimes of similar nature were registered against him and also on the ground that offence was serious and though charge-sheet was filed, applicant should not be released on bail on account of the seriousness of the offence and possibility of his tampering with the witnesses. 5. No identification parade was held probably because in the FIR it was alleged that the faces of the dacoits were covered by handkerchiefs. There is also material on record to show that two other cases are pending against the applicant showing his involvement in similar offences. Taking into consideration the fact that there is a prima facie material against the applicant and also the fact that applicant is involved in similar offences, one of which is committed after the present offence and before he was arrested, the possibility of his committing similar offences, if released on bail cannot be ruled out. In the circumstances, this is not a fit case for grant of bail. Application is accordingly rejected. (D.G. KARNIK,J.)