*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3539/2009 Bilal Dauood Shaikh. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.V.V.Purwant, Advocate for the Applicant. Mr.J.P.Yagnik, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 31st August, 2009. PC:- 1 This is an application under Section 439 of the Code of Criminal Procedure for bail in connection with Crime No.3153/2009 registered with Khadaki Police Station for the offences punishable under Section 3 r/w 25 of the Indian Arms Act and Section 37(1) r/w 135 of the Bombay Police Act. 2 According to the prosecution on account of issuance of notification under Section 37 of the Bombay Police Act there was prohibition imposed to possess the firearm. It is the case of prosecution that the accused Nos.1 and 2 had arrived at the scene of offence with a view to sale 2 country-made pistols, 2 country made kattas and 2 country made revolvers with 10 live cartridges and the Applicant/accused No.3 was to purchase the said firearms for and *2* on behalf of the accused No.6. Accused No.3 is the present Applicant. It is undisputed that the accused Nos.1 and 2 so also the accused No.6 after their arrest have been released on bail. 3 Only reason for rejecting the bail application of the present Applicant is that at his instance a country made pistol has been seized from his residence. 4 According to the learned APP, the said pistol has been sent to the ballistic expert with a view to ascertain as to whether the present Applicant has committed crime with the said weapon. According to him, the report is not yet received. 5 As per the learned counsel for the Applicant, if and in case an adverse report is received by the prosecution, they could be permitted to apply for cancellation of bail and the presence of Applicant in the trial can be secured by imposing the conditions. 6 In the result, the Applicant is directed to be released on bail on execution of a P.R. bond in a sum of Rs.25,000/- with one solvent surety in the like amount. The Applicant shall attend the Khadki Police Station every day in between 5:00 pm to 6:00 pm till the filing of charge sheet and thereafter, once a fortnight till the conclusion of trial. It is made clear that in the event if any adverse report is received in relation to the pistol seized from the Applicant, it shall be open for the prosecution to apply for cancellation of bail. 7 The Application is allowed and disposed of accordingly. (A.P. Deshpande, J)