{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1676 OF 2010 WITH CRIMINAL APPLICATION NO.2309 OF 2010 WITH CRIMINAL APPLICATION NO.2310 OF 2010 -x-x-x-x- CRIMINAL APPLICATION NO.1676 OF 2010 Alamchand Rakhma @ Rakhmaji Kale Age-67 years, Occ-Labour Work R/o Durgaon, Tq-Karjar Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Karjat Police Station, Dist-Ahmednagar RESPONDENT ....... Mr. S.S.Jadhavar, Advocate for the applicant Mr. P.P.More, APP for respondent State ....... WITH CRIMINAL APPLICATION NO.2309 OF 2010 Rangisha Ablukya Kale Age-55 years, Occ-Labour Work R/o Indira Nagar, Karjat, Tq-Karjar Dist-Ahmednagar APPLICANT VERSUS {2} The State of Maharashtra RESPONDENT ....... Mr. A.K.Gawali, Advocate for the applicant Mr. P.P.More, APP for respondent State ....... WITH CRIMINAL APPLICATION NO.2310 OF 2010 Kachali Ranjya Kale Age-38 years, Occ-Labour Work R/o Rajiv Gandhi Nagar, Zopadpatti, Karjat, Tq-Karjar Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.K.Gawali, Advocate for the applicant Mr. P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 22nd June 2010 PER COURT: 1. By all these three applications, the applicants have prayed to release them on bail in connection with CR No.187/2009 registered with Karjat police station, Dist-Ahmednagar for an offence punishable u/s 395, 398 and 420 of the Indian Penal Code, as the applicants are in jail since long. {3} 2. As all these applications arise out of Crime No. 187/2009 registered with Karjat Police Station, the same are being disposed of by this common order. 3. It is informed that after completion of the investigation, charge sheet has been filed. It is also informed that thereafter the applicants had moved the lower court for their release on bail, however, as their applications are rejected by the lower court, they are before this Court. 4. Heard learned counsel for the respective applicants followed by learned APP. Perused the papers of investigation. 5. It appears that initially this offence was registered with Tasgaon police station, Dist-Sangli from where the same has been transferred to Karjat police station. The said offence has been registered on 06.10.2009 on the complaint of one Ananda Ganpati Patil, r/o Borgaon, Tq-Tasgaon, Dist-Sangli. Perusal of the complaint indicates that somehow the complainant and his friends came to be acquainted with some persons from Pardhi community. It is alleged that the said persons from Pardhi community assured the complainant and others that they would sell gold at a cheaper rate. It is also alleged that under the pretext to sell gold at cheaper rate, the complainant and his friends were called with cash at Daund Road. Accordingly, as per the allegations in the complaint, {4} the complainant and his friends had been to the place agreed along with cash in the sum of Rs.4,15,000/- in one maruti car. It also appears from the complaint that when the complainant and his associates reached at the spot, which is situated about 3/4 km away from tar road, their car was stopped and some persons from Pardhi community came there with ornaments. The said persons inquired as to whether the complainant and his associates had brought the cash. Thereafter, suddenly 30/40 persons from Pardhi community came there with deadly weapons and removed the cash and two mobile hand sets forcibly from the complainant and his friends. The complainant has given description of the persons, who had forcibly removed the cash and mobile hand sets. It is alleged that some persons were of the age group of 30-35 years, some were of the age group of 25-30 and some were in the age group of 10-11. After registration of the FIR, the applicants came to be arrested on 22.02.2010 and 28.02.2010. Admittedly, two applicants are of the age 67 and 55, whereas the third applicant is a lady. It is not disputed that in the complaint, there is no allegation that any female was also there in the group of persons, who have allegedly robbed the complainant. Similarly, the complaint also does not disclose participation by any person from the age group of 55 or 67. 6. Admittedly, though the applicants are in custody for a considerably time, they are not introduced in test identification parade. The papers of investigation disclose that though {5} summoned, yet the complainant and his associates did not turn up for identification parade. Apart from it, admittedly, nothing has been recovered from the applicants in criminal application No. 1676/2010 and 2309/2010. The recovery, as shown from applicant in application No.2310/2010 is cash in the sum of Rs.3000/-. From the description of the cash, as given in the complaint, it is not clear that as to of what denomination or serial number of the currency notes were robbed. In the premise and considering the papers of investigation, this is a fit case where the applicants deserve to be enlarged on bail, however on certain conditions. 7. In the result, all the three applications are allowed. All the applicants be released on bail in connection with CR No. 187/2009 registered with Karjat police station, on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. The applicants are directed not to leave the local jurisdiction of Karjat police station till trial against them is finally over. All the applications stand disposed of. [A.V.POTDAR, J.] drp/B10/criapln1676-10