1 Cri-A-97-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 97 OF 2011 Mr. Gurumukh Singh Kashmir Singh ... Applicant vS. The State of Maharashtra ... Respondent Mr. Prakash Naik, Advocate, for the applicant. Mrs. P.P.Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 11th February, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.138/2010 registered under Sections 394 and 397 of IPC read with Section 25 of the Arms Act at Agri Pada Police Station. 2. Prosecution case is that first informant Ravindra Kumar Kedarnath Jaiswal is a taxi driver. On 19.7.2010 at about 11.30 p.m. 3 persons boarded his taxi and after they had travelled for some distance, the person sitting on the seat by the side of the driver, took out a revolver like weapon and asked him to go straight and thereafter he and his two companions, who were sitting on the backside, snatched away his driving licence, mobile phone and amount of Rs. 2 Cri-A-97-11.sxw 800/- along with some documents. After they reached Senapati Bapat Marg, the taxi driver was thrown out and those three persons escaped along with the taxi. The report was lodged immediately. According to prosecution, the said taxi did not stop at four check points and finally was stopped and three persons were caught in the taxi. They were arrested for breaking the check points. However, later on, they were arrested in this case. According to prosecution, on the basis of information given by one of the accused, namely, Rahul, a pistol was recovered and according to said Rahul, the pistol was in the hand of the present applicant at the time of robbery. During test identification parade, accused Rahul and accused Sukhdeep Singh were not identified as culprits, but the present applicant was identified. However, the Memorandum of T.I. parade does not show what role was attributed to him by the first informant at the time of T.I. parade. 3. Learned APP, on instructions, makes a statement that the present applicant has no criminal antecedents. No incriminating article was recovered from him. 4. Therefore, the applicant be released on his executing P.R. of Rs. 25,000/- with one or two local sureties with condition that he shall not tamper with the prosecution evidence and he shall also attend at Agripada Police Station 3 Cri-A-97-11.sxw on every first and third Sunday between 11 a.m. and 1 p.m. till the end of the trial. He shall also furnish his local address to the police. (J.H.BHATIA,J.)