1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2534 OF 2009 Sk. Mehboob S/o Sk. Babu and another Versus The State of Maharashtra. *** Mr. G. R. Syed, Advocate for the Applicants. Mr. P. M. Shinde, A.P.P. for the Respondent/ State. *** 1. Accused in custody in Crime NO.99 of 2009 for an offence under section 394 of I.P.C., in custody from 3rd June, 2009, seeks to be released on bail. 2. The incident dated 9th May, 2009 is disclosed by the complainant. The truck with the iron bars was recovered, however, the tyres of the truck were removed by the offenders, it could not be recovered. Though the investigator informed the learned Judge, while seeking M.C.R. that the accused applicant has confessed to have committed the crime, however, by that itself should not be a parameter to hold the accused to be the brain behind the commission of offence. The accused though in the police record was also involved in other offence. In the present case, there is no recovery from and at the behest of the accused/ applicant. The investigator did not bother to conduct test identification parade though the accused/ applicants are in custody from June, 2009 for an incident dated 2nd May, 2009. In the situation, the accused/ applicants deserve to be released on bail. Hence, order. 3. The accused Shaikh Mehboob S/o Shaikh Babu and Hanumant S/o Savlaram Jogdand be released in 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Crime No.99 of 2009 recorded at Gevrai Police Station, on their furnishing P.R. Bond and surety in the sum of Rs.20,000/- [Rupees twenty thousand only], each. 4. The accused/ applicants, after their release, shall attend the concerned investigator on every Monday and Friday between 08.00 to 03.00 p.m. for a period of one year. 5. The accused/ applicants will not coerce and terrorise the complainant and other witnesses. [K. U. CHANDIWAL, J.] Dated:18/08/2009. ans/2534