:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.448 OF 2005 IN CRIMINAL APPEAL NO.81 OF 2005 Manik Suresh Magar and Anr. ...Applicants. V/s State of Maharashtra ...Respondents. --- Ms. Sharmila Kaushik for the applicant. Mr. D.P. Adsule, APP for the State. --- CORAM: V.M. KANADE, J. DATE : 3rd February, 2005 P.C. 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. Applicants are convicted by the Trial Court for the offence punishable under section 399 read with section 402 of the Indian Penal Code and sentenced to suffer R.I. for five years. 3. Prosecution case is that the Investigating Officer had received an information that the applicants along with others were going to commit dacoity near Phaltan area. The Investigating Officer, therefore, kept a watch on every vehicle coming from Shirwal Chowk and the applicants who were travelling in a jeep were apprehended and an iron rods and sticks and an axe were recovered from the jeep. It is the case of the :2: prosecution that the intention of the applicants and others was to commit dacoity. From the record, it can be seen that the panch witnesses in respect of the seizure of the jeep and recovery of the weapons have turned hostile. The information received by the Investigating Officer also was not reduced in writing in a Station Diary. Apart from the fact that the weapons were recovered from the jeep, there is no other evidence to suggest that the applicants had an intention to commit the said dacoity. In these circumstances, this is a fit case for grant of bail. 3. Applicants be released on bail in the sum of Rs 5000/- each with one or two sureties in the like amount. They shall report to the concerned Police Station twice in a month. V. M. KANADE, J.