1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1688 OF 2011 1 Kiran Nana Gawade 2 Mahadev Lavhaji Dhaitonde ..Applicants. v/s. State ..Respondent. Mr. Prashant Hagare, adv. for the Applicants. Smt. P.P.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 20th December, 2011 PC : 1 The applicants seek to be released on bail in crime no.125 of 2011 under Sections 399 and 402 IPC registered at Daund Police Station. 2 The present applicants, who are the accused nos.3 and 4 and two others were arrested by the police on 12.7.2011. As per the F.I.R. of Head-Constable Gulab Gaikwad, on 12.7.2011, a police team was on patrolling duty. By the side of Pune-Solapur Highway, there was a closed dhaba and by the side of that dhaba, one Esteem car was standing. When the police team alongwith panchas went there, one of the persons in the car ran away and four persons, who are accused nos.1 to 4 and who were in the car, were arrested. It is alleged that electric cutter, one iron rod, one 2 stick, one blade and some chilly powder and torch were recovered from them. All these persons were taken in custody at 3.45 a.m. However, they are shown to be arrested at 9.40 a.m. and the offence was registered against them under Sections 399 and 402 IPC. Except that the present applicants and two others were present in the car, there is no other material to show that they had come there prepared to commit the offence of dacoity or robbery. On written instructions from the I.O., who is not present before the Court, the learned APP states that same persons are also involved in theft of diesel generator for which crime no.126 of 2011 was registered. It is contended that the said property has been recovered. It is material to note that incident of that case had allegedly occurred on 10.7.2011 but the offence of that case was registered on 12.7.2011 at 12.20 p.m. after the arrest of the applicants in the present case. The report does not disclose from whom the stolen property of that case was recovered. Besides, there is no other criminal antecedents in respect of the present applicants. 3 Therefore, the applicants be released on their executing PR of Rs.10,000/- each with surety in the like amount with condition that they shall not tamper with the prosecution evidence. (J.H.BHATIA, J.)