- (1.) HEARD arguments of Mr.Gupte for the applicant as well as Mr.V.T. Tulpule, PP for the State.
(2.) THE applicant is arrested in C.R.No.264/95 of Vashi Police Station for offences u/s.395, 341, 452 r/w 34 of IPC. The prosecution case is that on -6-97 at 12-45 noon, one Maruti van and Maruti car stopped in front of the complainant's shop at Mahatma Gandhi Complex, and 10-12 persons alighted from the above said motor car, out of which two persons entered into shop and one of them asked complainant about some type of jewellery and after getting negative reply, took out revolver and put on the head of the complainant and 2nd person put chopper on stomach of servant and pushed him in rear side of room and threatened and asked to keep quiet on the point of revolver, and other persons then entered the shop and committed dacoity of ornaments worth Rs.7,46,160/-. 3.The only material evidence against the applicant is recovery of jewellery of Rs.2,21,495/- at his instance after his arrest which was admittedly after 11 months from the date of the incident. This being the only piece of evidence and there is no evidence of any identification parade having been carried out. However, he was already in custody for this offence and there was some other offence registered against him. I find that bail should not be denied at this stage for the said reason.
(3.) APPLICANT be released on bail on his furnishing security of Rs.15,000/- with 1 or 2 sureties in the like amount on condition to give attendance of Vashi Police Station on every Sunday in the morning between 8 a.m. to 11 a.m.;