IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 252 OF 2009 CRIMINAL APPLICATION NO. 252 OF 2009 CRIMINAL APPLICATION NO. 252 OF 2009 Kapurchand Pukhraj Sethiya ...Applicant vs. The State of Maharashtra ...Respondent Mr.P.S. Tripathi for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 23, 2009 DATED : JANUARY 23, 2009 DATED : JANUARY 23, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with C.R.No.I-11/2008 registered at Wada Police Station, for the offence punishable under Section 201, 34 of the IPC read with Section 25(1)(a) of the Arms Act and Section 5 of the Explosive Substances Act, 1908. 3. It is the case of the complainant that he had purchased certain scrap material and in the scrap material, there were 176 mortar bombs which were buried by him under the ground. The applicant informed the - 2 - police and these mortar bombs were recovered. Out of the 176 bombs, it is the case of the prosecution that 5 bombs were alive, therefore, the applicant has acted in negligent manner and if the said bombs were exploded, several lives would have been lost. The charge-sheet has not been filed. The applicant is in custody for more than 60 days. In my view, continued detention of the applicant is not necessary. There are no criminal antecedents against the applicant. The applicant himself had taken the police to the place where the said scrap material which he had purchased was buried under the ground. 4. The applicant, under these circumstances, be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount for the aforesaid offence. The applicant shall report to Wada Police Station, twice in a month. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)