(1) CRI.APP. 3295.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3295 OF 2010 1. Matkya @ Bapu Naklya Bhosale, Age : 55 years, Occu.: Labour, R/o. Apdhup, Taluka Parner, District Ahmednagar 2. Bandya @ Jalya Jalindar Matkya Bhosale, Age : 27 years, Occu.: Labour, R/o. As above .. Applicants VERSUS The State of Maharashtra Through Police Inspector, Shrigonda Police Station, Taluka Shrigonda, District Ahmednagar (Respondent to be served through Public Prosecutor High Court of Bombay, Bench at Aurnagabad) .. Respondent Mr. S.R. Chowkidar, Advocate for the Applicants Mr. V.G. Shelke, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 2ND SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application for bail under section 439 of the Code of Criminal Procedure. 2. The applicants are arrested in connection with crime no. I-170 of 2006 registered at Shrigonda (2) CRI.APP. 3295.2010 Police Station for offence under section 395, 396, 120-B, 412 and 413 of the Indian Penal Code. The applicants are allegedly co-accused who participated in the incident of dacoity which occured on 8.7.2006. The investigation papers do not show that any recovery was made from their possession during the investigation nor they have been identified in any identification parade. 3. The learned APP Mr. Shelke submits that the applicants are involved due to statement of main accused by name Navnath Jadhav who is absconding. Statement of co-accused was recorded by the Police Officer. It is not a confessional statement as such. Consequently, relevancy of such statement is rather doubtful. The Sessions Judge rejected the bail Application filed by the applicants only for the reason that the other co-accused have misused the liberty and the non-bailable warrants are pending against them. The learned Sessions Judge did not discuss as to how the present applicants are concerned with the commission of the offence of (3) CRI.APP. 3295.2010 dacoity. They cannot be denied bail only because some other accused are absconding. 4. Considering the above facts and circumstances, Application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds alongwith solvent surety in tune of Rs.40,000/- (Rupees Forty Thousand) each to the satisfaction of the Court of Sessions and on the condition that they shall not contact any of the prosecution witness and will report their presence daily between 7:00 pm. to 10 pm. at Shrigonda Police Station until the trial is concluded. If they will not attend the Police station, the learned Sessions Judge may recall the bail order. Sd/- [V.R. KINGAONKAR, J.] arp