MP 1 BA1656_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1656 OF 2011 Laxman Gopinath Golambade ... Applicant Versus State of Maharashtra ... Respondent Mr. Chetan Akerkar, Advocate for the Applicant. Mr. Y. S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 18TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.79 of 2011 registered with Vasai Police Station for the offences punishable under Sections 454, 457, 380 r/w. 34 of the Indian Penal Code. 2. The prosecution case, in brief, is that during the night between 07.08.2011 and 08.08.2011, some unknown persons made entry into the premises of Vijay Sales Showroom by breaking exhaust-fan of the toilet. Having taken entry into the premises, the culprits opened the cash-box with a duplicate key and escaped with amount of Rs.8,76,586/-. The present applicant was arrested on 31.08.2011 and it is alleged that on the basis of the information given by him, amount of Rs.10,000/- was recovered from him. Admittedly, there is no eyewitness. The cash recovered from the applicant is not identifiable property and it is a small amount in comparison to the huge amount, which was allegedly stolen. The learned Additional Sessions Judge, Vasai rejected the application of the present applicant only on the ground that co-accused is still absconding and huge amount is to be recovered. Taking into consideration the material against the present applicant, I find no valid reason to refuse bail to him, particularly when there is no history of criminal antecedents of the present applicant. MP 2 BA1656_11 3. Therefore, the applicant be released on his executing P.R. of Rs.15,000/- with one surety in like amount with condition that he shall not tamper with the prosecution evidence and shall report at Vasai Police Station on first day of every month till filing of the charge-sheet. (J. H. BHATIA, J)