1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.390 OF 2010 Bhaskar S/o.Shrirang Thorat, Age-22 years, Occu-Labour, R/o.Ghungarde Hadgaon, Tq.Ambad, Dist. Jalna APPLICANT VERSUS The State of Maharashtra, Through Police Inspector, Police Station, Gondi, Tq.Ambad, Dist. Jalna RESPONDENT Mr.D.B.Bhange, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 22/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.79/2009, registered in Gondi Police Station, wherein the present applicant was caught raid handed on the spot and since then in custody. In the said offence, after completion of investigation, charge sheet was filed on 29/08/2009 in the Court of J.M.F.C. Ambad and was numbered as RCC No.227/2009. Thereafter the case against present applicant and others was committed to the Court of Sessions. The alleged 2 offence is punishable u/s. 395, 341 of IPC r/w. Section 3 r/w. (25) of The Arms Act. 2. Heard learned counsel for applicant and learned APP for State. 3. Such of the facts which are necessary to decide the present application can be summarized as : The said offence came to be registered on the complaint of one Ravindra Dinkarrao in Gondi Police Station of Dist. Jalna. It is alleged in the complaint that the complainant alongwith his mother, who are dealing in the business of gold ornaments, were proceeding towards weekly bazar of Hadgaon on 29/05/2009 on their bike. They were followed by one Indica Car bearing No.MH-20-BC-949 and gave dash to the motor bike driven by the present complainant. After the motor bike skid due to dash of the said car, some 5 unknown persons alighted from the said car, they forced the applicant and his mother to lie on the ground and on the point of chopper, the bag containing gold ornaments was snatched. Due to this scenario, the complainant and his mother gave alarms for help. On hearing shouts, the villagers who are passing thereby, came on the spot and tried to rescue the complainant and his mother and also chess the persons who ran away alongwith the gold ornaments. Meantime, complainant pass on the message to police station on his mobile phone and police arrived at the spot. Those persons who ran away with the bag containing gold ornaments were chessed by the villagers and in that chess, applicant was caught raid handed alongwith some other persons. From his possession, the 3 gold ornaments and chopper was recovered. It is prayed that since the date of arrest, for more than 9 months, the applicant is behind bars, hence be released on bail, as he is ready to abide by all the conditions which the court will impose on him. 4. Learned APP opposed the bail application on the ground that the incident is of broad day light robbery took place in the early hours of the day. 5. Considering these submissions across the bar, and on perusal of the papers of investigation, the fact remains that the alleged incident is of broad day light road robbery, in which the complainant and his mother were chessed in the motor car and on the point of chopper, the gold ornaments were robbed. The applicant was caught raid handed at the spot itself. It the applicant and his associates have dared to commit a broad day light robbery, then in case the applicant is released on bail, then there is every possibility that on the point of weapon or otherwise he may tamper witnesses of prosecution. In this premise, this is not the fit case to enlarge the applicant on bail. Application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.390-10