- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4404/2010 Chandar s/o Dadu Pawar, age 22 yrs., occu.labour r/o Pardhiwada Tq.Partur Dist.Jalna. ...Applicant.. Versus The State of Maharashtra, through Police Station, Partur Dist.Jalna. ...Respondent... ..... Shri A.S. Usmanpurkar, Advocate for applicant. Shri N.H. Borade, APP for respondent. ..... CORAM: P.V. HARDAS, J. DATE: 27.10.2010 PER COURT : 1] Heard learned counsel for the parties. 2] The applicant is an accused in Crime No.85/2010 registered by Partur - 2 - Police Station Dist.Jalna for offence punishable u/s 399 of the Indian Penal Code. Admittedly, the applicant had not been arrested on the spot. Ganesh Jawadwad, Police Inspector attached to Police Station, Partur, was on patrolling duty on 2.7.2010 and had noticed 7/8 persons concealing themselves in the dark. They accordingly accosted those persons and three persons from the group of 7/8 persons fled away from the scene. The applicant came to be subsequently arrested on his name being disclosed by one of the accused. There is absolutely no material collected during investigation, which would even prima facie establish at this stage that the applicant was involved in the offence punishable u/s 399 of the Indian Penal Code. In that light of the matter, therefore, according to me, the applicant is entitled to be released on bail. 3] The application is accordingly allowed and the applicant is directed to be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. The applicant shall neither influence the prosecution witnesses nor shall tamper the prosecution evidence. (P.V. Hardas, J.) ndk/cr27101023