(1) CRI. APLN. 4433.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4433 OF 2010 1. Satish S/o Jainu Kale Age : 20 years, Occu.: Agri. 2. Deva S/o Jainu Kale Age : 25 years, Occu.: Agri., Both R/o Biloni, Tq. Vaijapur, Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Parner Police Station, Tal. Parner, District : Ahmednagar (Copy to be served on A.P.P. High Court of Bombay, Bench at Aurangabad) RESPONDENT ..... Mr. P.B. Shirsath,Advocate for the Applicant. Mr. N.H. Borade, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 30TH NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for bail under section 439 of the Code of Criminal Procedure. 2. The applicants are arrested in connection with the offence registered vide crime no. I-80 of (2) CRI. APLN. 4433.2010 2010 registered at Parner Police Station for alleged incident of dacoity. 3. Having heard learned Advocate for the applicants and learned A.P.P. and on perusal of the investigation papers, it emerges that the informant by name Datta Davne lodged F.I.R. regarding the incident of dacoity which was committed in the night between 9th and 10th April, 2010. The offence was registered against unknown culprits. There is no identification parade, nor identity of the applicants as the dacoits is otherwise clear. What appears from the record is that the applicants are arrested due to similarity of the modus operandi in connection with other crimes registered against them. It is argued by the learned A.P.P. that the applicants are involved in other similar offences. It is further contended that one diary was found which implicate the applicants. It is argued by learned A.P.P. that names of the applicants have been revealed by the other co-accused. 4. There is no recovery effected from the applicants. The chargesheet is already filed. The (3) CRI. APLN. 4433.2010 evidence on record does not prima facie show that the applicants are guilty of any offence punishable with death or imprisonment for life. They can be put to terms if there is apprehension that they are likely to flee and jump the bail. 5. In the result, the Application is allowed. The applicants are directed to be released on bail if they will furnish bail bonds in sum of Rs.35,000/- (Rs. Thirty Five Thousand) each with one solvent surety bond each in the like sum, to the satisfaction of the Court of Sessions and on further condition that they shall report their presence to the P.S.O. at Parner Police Station on each Tuesday and Saturday between 8.00 pm. to 10.00 pm. during pendency of the Sessions case filed against them. They shall submit an undertaking to such effect while furnishing the bail bonds. Sd/- [V. R. KINGAONKAR, J.] arp