1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1963/2010 (Shaikh Shakil Shaikh Gafur .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.A. Ashirgade, Advocate for applicant, Mrs. B.P. Maldhure, APP for respondent. .......... CORAM : P.D. KODE, J DATED : JANUARY 28, 2011 Heard. By this application, the applicant/accused chargesheeted by Pandharkawada Police Station in connection with Crime No.92/2010 for offences punishable under Sections 394, 397 r/w 34 of the Indian Penal Code, has prayed for bail under section 439 of the Code of Criminal Procedure. Learned counsel for the applicant urged that one of the accused is granted bail in the said crime. It is urged that it is not the case of the prosecution that the applicant was one out of three persons who had looted the first informant and taken away the cash amounting to Rs.9,50,000/- by halting his car and throwing chilly powder while returning after collecting such amounts. It is urged that even taking charitable view of the material collected during the course of investigation, the same does not transcend beyond the first informant 2 suspecting that his employee applicant was mastermind behind said incident occurred. It is urged that first informant developed such suspicion probably because the applicant was working with him and as such being aware of his movement. Learned counsel further urged that hardly there is any material revealing nexus of the applicant with the crime committed. It is further urged that main circumstances relied by the prosecution for connecting the applicant with the main incident that the complainant had seen the applicant at Dhaba about 2 k.m. away from the spot of incident, one hour prior to the occurrence incident, some persons while purchasing chilly powder from the shop had talked with a person by name Shakil and consequent to the statement made by the applicant, the cash amount of Rs.1,56,000/- being seized by the police from the house of his sister are hopelessly insufficient to lead to any inference much less inference or connection of the applicant with the offences committed. It is urged that the applicant is having roots in the society will abide the conditions as would be imposed by the Court and as such he shall be enlarged upon the bail. Learned APP has opposed the application for bail on the ground of collection of direct evidence/material regarding the persons plotting such incident being humanly difficult and the material collected by the investigating agency is sufficient to show involvement of the applicant in the offences committed. It is urged that seizure of such an amount from the house of the sister of the applicant has a serious potential, prima facie, showing his link with the offence committed. It is urged that part of amount is yet to be recovered. 3 The perusal of material in the diary, prima facie, supports the submission about the nature of material collected during the course of investigation against the applicant. Having regard to the character of the said material and investigation being complete and chargesheet being submitted and there being no other material to advance the prosecution case, the applicant has made out a case for his release on bail by imposing the stringent conditions. Hence, the order : The applicant is directed to be released on bail in connection with Crime No.92/2010 of Police Station, Pandharkawada, District-Yavatmal upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) shall attend said Police Station in connection with the investigation of the said crime on every Monday until further order; (ii) shall stay upon the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande