1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5588 OF 2009 1 Prakash Jnaraji Purohit 2 Kaluram Chogaji Purohit ...Applicants vs. The State of Maharashtra ...Respondent Mr.A.P. Mundargi, Sr.Counsel i/b.Mr.Niranjan Mundargi for the Applicants. Mr.J.P. Kharge, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 10, 2009 P.C. :- 1 Heard the learned Senior Counsel for the applicants and the learned APP for the State. 2 The applicants are arrested in connection with C.R.No.I-356/2009 for the registered with Manikpur Police Station, District Thane for the offence punishable under Sections 394, 395 of the 2 IPC and under Sections 3 and 25 of the Arms Act. 3 It is alleged that some mobile sets were recovered from the present applicants and prosecution is that a robbery had taken place at one of the godowns in Vasai and mobile sets which were stolen from the said godown were recovered at the instance of the present applicants. 4 The learned Senior Counsel for the applicants submits that the applicant no.2 is the owner of the shop at Crawford Market and applicant no.1 is employee of applicant no.2. He, therefore, submitted that at the highest, it can be said that the applicants are receivers of the stolen property. The applicants initially were remanded to police custody and thereafter, they have now been transferred to judicial custody. 5 It is not disputed that this is the only material on record against the present applicants. 3 It is not the prosecution case that the applicants are habitual receivers of stolen property within the meaning of Section 411 of the IPC. This being the position, in my view, custodial detention of the applicants in judicial custody is not required. 6 The applicants, therefore, be released on bail in the sum of Rs.5000/- each with one or two sureties each in the like amount. The applicants shall report to the concerned police station once in a week till the filing of the chargesheet and thereafter, once in a month. 7 Application is disposed of. (V.M. KANADE, J.)