IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1258 OF 2008 CRIMINAL APPLICATION NO. 1258 OF 2008 CRIMINAL APPLICATION NO. 1258 OF 2008 IN IN IN CRIMINAL APPEAL NO. 1169 OF 2008 CRIMINAL APPEAL NO. 1169 OF 2008 CRIMINAL APPEAL NO. 1169 OF 2008 Shami @ Sameer Ismail Shaikh ...Applicant/ Orig.Accused No.1 vs. The State of Maharashtra ...Respondent Mr.O.A. Siddiqui for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : NOVEMBER 25, 2008 DATED : NOVEMBER 25, 2008 DATED : NOVEMBER 25, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been convicted for the offence punishable under Section 5 of the Explosive Substances Act, 1908 and sentenced to suffer RI for five years. 3. Prosecution case is that the applicant came to be arrested with gelatin sticks near the hotel owned by one Mr.Mhatre. The said Mhatre had received a threat on 23rd March, 2003 that a bomb would be planted in his hotel and on 24th March, he had lodged NC with the - 2 - police. A similar threat was received by him on 26th March. Thereafter, on 29th March, the police took the raiding party consisting of three teams and waited outside the hotel. One suspicious looking person who matched the description of the accused was found loitering under suspicious circumstances and therefore, he was immediately arrested. 10 gelatin sticks and 3 detonators were found in his possession. A seizure panchanama was made at Exhibit 13 and he was arrested. Thereafter on 17th April, the gelatin sticks were tested and thereafter they were sent to the Chemical Analyser. The panchanama at Exhibit 34 to that effect was prepared. The prosecution examined 7 witnesses and the trial court convicted the accused for the aforesaid offence. 4. Counsel for the applicant submitted that there was discrepancy in the seizure of the gelatin sticks and the detonators and no arrest panchanama was prepared. It was further submitted that there was discrepancy about the actual date of arrest of the applicant. It was further submitted that the papers were sent to the - 3 - Investigating Officer two days after the alleged arrest. It was also pointed out that the colour of the plastic bag which was seized from the accused was stated to be green by the pancha whereas the IO described it as a white colour bag. 5. It is not possible to accept the submission made by the applicant. The learned APP has invited my attention to panchnama at Exhibit 30 and 34. There may be minor discrepancy about the description of the colour of the bag seized from the accused but that does not create any doubt about the prosecution case. 6. However, it was submitted that the applicant was on bail during trial and the strict conditions may be imposed on the applicant. It was submitted that the applicant got married on 24th March and thereafter, he was implicated in the present case. 7. In my view, since the applicant was on bail during trial and since he has not tampered with the evidence or threatened the witnesses, it would be - 4 - appropriate to release the applicant on bail since the sentence is only of five years and the appeal is not likely to come up for hearing for sometime. The applicant is the only person earning income in his family and 2 minor children are dependent on him. 8. Only on these grounds, the applicant is directed to be released on bail in the sum of Rs.10,000/- with two sureties in the like amount. One of the sureties shall be a local surety. The applicant shall report to DCB CID Unit No.XII, Dahisar, once in a week. The applicant shall not leave the city of Mumbai and Thane District without permission of this court. 9. The application is, accordingly, disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)