IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10290 of 2009 1. SAHID RASID WARSHI 2. SAHID MIRAJ WARSHI Versus THE STATE OF BIHAR THROUGH CBI. ----------- 2/ 08/04/2009 Heard learned counsel for the petitioners and learned counsel for the C.B.I. The petitioners were made accused in Special Case No.R/C-5(e) of 2006 under Sections-380 and 457 of I.P.C. The allegations are of recovery of two bronze idols, the subject-matter of theft, from their possession. They have remained in custody since 15.11.2006 throughout the trial. The judgement in Trial No.93/08, dated 27.8.2008 awards them a maximum of three years’ rigorous imprisonment under Sections-411, 414, 380 and 457 of I.P.C. to run concurrently. Learned counsel for the petitioners pressing the application, drawing the sustenance from Section-436A of the Code of Criminal Procedure, submits that of the three years of conviction the petitioners have already spent nearly a little less than two and a half years in custody. Learned counsel for the C.B.I., vehemently opposing the application, submits that Section-436A of 2 the Code of Criminal Procedure was not relevant in a conviction after trial and the possibility of the petitioners’ absconding in an attempt to render the appeal infructuous and tampering with the evidence because the trial was pending with regard to other co-accused, cannot be ruled out and, therefore, they should not be granted bail at this stage. Considering the allegation, period of conviction and custody undergone, let the petitioners above named be enlarged on bail upon furnishing the bail-bonds of Rs.50,000/- (fifty thousand) each along with two sureties of the like amount each to the satisfaction of 5th Additional Sessions Judge, Patna in connection with Cr. Appeal No.93 of 2008 arising out of Spl. Case No.R/C- 5/2006. Both the bailors of the petitioners must be local residents of the town of Patna having landed properties. The bail-bonds shall contain the photographs along with proof of residence and property of the bailors, which shall be accepted after verification by the trial court. In the event that the petitioners appear to be misusing the privilege of bail by either intentionally delaying the disposal of their appeal or interfering with the investigation insofar as the other accused with regard to whom the trial is pending, the C.B.I. shall have its 3 remedies in accordance with law before the court below. This Court finds no objection in the reasonable submission made on behalf of the C.B.I. for an early disposal of Cr. Appeal No.362/08, arising out of Spl. Case No.R/C-5/2006, pending before the 5th Additional Sessions Judge, Patna. Learned counsel for the petitioners undertakes to cooperate in early disposal of the same. KC (Navin Sinha, J.)