1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2721 OF 2010 Shriram Ganpat Ghuge, Age-25 years, Occu-Agriculturist, R/o.Chinchwadgaon, Tq.Wadwani, Dist. Beed APPLICANT VERSUS 1. The State of Maharashtra 2. The Police Inspector, Police Station, Wadwani, Tq.Wadwani, Dist. Beed RESPONDENTS WITH CRIMINAL APPLICATION NO. 2811 OF 2010 Dnyaneshwar S/o.Asaram Gaikwad, Age-22 years, Occu-Agriculturist, R/o.Chinchwadgaon, Tq.Wadwani, Dist. Beed APPLICANT VERSUS The State of Maharashtra Through Police Station, Wadwani, Tq.Wadwani, Dist. Beed RESPONDENTS Mr.A.B.Girase, learned counsel for applicant in first application. Mr.S.J.Salunkhe, learned counsel for applicant in second application. Mr.K.S.Patil, learned APP for State in both the applications. 2 CORAM : A.V.POTDAR, J. DATE : 27/07/2010 PER COURT : 1. By the present applications, the applicants are before this Court for their release on bail in connection with CR No.40/2010, registered in Wadwani Police station, Tal.Wadwani, Dist. Beed for the offence punishable u/s. 457, 380 of IPC, in which the applicants came to be arrested on 22/06/2010. After their initial PC remand, now they are in MCR. As their attempts to get released on bail before the Lower Court became un-successful, they are before this Court. 2. It appears that the said CR came to be registered on the complaint of one Dhananjay Mhaske, Proprietor of Ganesh Krishi Seva Kendra, Wadwani, which is a shop of fertilizers and agricultural equipments. In the night between 15/06/2010 and 16/06/2010, some unknown persons have committed theft in the shop, in which certain cotton seeds and number of other seeds were stolen. The amount of stolen property was in the sum of Rs.1,49,450/-. On suspicion, both these applicants came to be arrested on 22/06/2010. 3 Today, when the matter came up for final hearing, report is submitted by the learned APP, in which it is mentioned by the Investigation Officer, Wadwani that even if the applicants are in custody, no incriminating evidence is available against these applicants till this period. Even though in the said report, the IO has prayed to reject the bail application, but the fact remains that if during the period of more than 40 days after arrest of the applicants, no incriminating evidence is collected against them. neither any recovery at their instance is made, then their further custody is un-warranted. In view of this, following is the order - O R D E R 1. Application is allowed. 2. Applicants be released on bail on their furnishing surety in the sum of Rs.10,000/- each and on executing PR bonds in the like amount. 3. After their release on bail, applicants to give attendance to Wadwani Police Station on written intimation by the concerned Investigation Officer, 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2721-10