AKHTAR USMAN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) BY this application, the applicant seeks bail in connection with C.R. No. I-73 of 2009 registered at Khalapur Police Station, District Raigad for an alleged offence punishable under sections 394, 342 read with 34 of the I.P.C.

(3.) INITIAL F.I.R. was of theft. A charge of dacoity with use of dangerous weapons was subsequently added. In the initial statements, both the watchmen did not state about presence of five or more persons nor did they state of use or possession of any dangerous weapons. It is only after 15 days in a supplementary statement they stated that an air gun was used for the purpose of commission of the crime. Reason for not mentioning the use of air gun in the F.I.R. is not satisfactorily explained.