1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3179 OF 2009 Amit Mysusie Thakur ........ Applicant versus The State of Maharashtra ........Respondent. Mr. K.S. Patil adv. for the Applicant Mrs. M.R. Tidke APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 29th August, 2009. P. C.: 1. Offences under sections 392, 457, 342 read with 34 of IPC has been registered against the applicant. He is in custody and hence the present application u/sec. 439 Cr.P.C. has been filed by the applicant. According to the prosecution by about 2.30 in the early morning four unknown persons entered the house of the complainant after breaking open the back door of the house with the help of screw driver. Along with the complainant, his wife and daughter and other family members were also sleeping. The complainant realized that some persons had entered the house and one of the accused was sitting adjacent to the pillow of the bed where the complainant was sleeping. The said person threatened the complainant by pressing a knife on the neck of the 2 complainant. The other family members also got up hearing the commotion and every one from the family was threatened. In the presence of the complainant and his family members the steel almarah was broken open and valuables were stolen. The daughter of the complainant was also threatened and in the scuffle she received injuries on her hand. The accused persons had taken all the ornaments and other valuables by threatening the complainant and his family members that they would be killed if they raise voice. The complainant and the witnesses have identified the present applicant as one of the accused who had tress-passed and committed the offence. The valuables/golden ornaments are also recovered from the present applicant. According to the learned counsel for the applicant, the recovery of articles is shown in the panchanama dated 29-10-2008 whereas the statement of the jeweler is recorded on 24-10-2008. In his submission the prosecution has failed to explain the said discrepancy. I am of the view that it is only when the parties go to trial, the concerned witnesses could be cross examined effectively touching the said discrepancy. 2. Perusal of the report dated 20-8-2009 filed by the Asstt. Superintendent of Police reveals that stolen articles are recovered from the applicant and the fact of identification of accused in test identification parade by the complainant and witnesses. It is further stated that other two offences are also already registered against the present applicant and he has criminal antecedents. One offence is registered vide C.R. No.75/06 on 15-3-2006 and another 3 crime has been registered vide C.R. No.60/06 for similar type of offences. 3. Having regard to the totality of the facts and circumstances, the apprehension expressed by the learned A.P.P. that in the event if the applicant is released on bail there is every likelihood of his absconding appears to be well founded. In the result, the application is rejected. (A. P. Deshpande, J.)