(1) CRI. APLN. 4859.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4859 OF 2010 1. Shankar S/o Khushalrao Giri, Age : 30 years, Occu.: Business, R/o Audit Nagar, Parbhani, Tq. District Parbhani 2. Shamsher Khan S/o Shahmir Khan Pathan, Age : 30 years, Occu.: Business, R/o Madina Nagar, Parbhani, Tq. District Parbhani Applicants VERSUS 1. The State of Maharashtra Through Police Station, New Mondha Parbhani 2. The Superintendent of Police, Parbhani Respondents ..... Mr. H.I. Pathan, Advocate for the Applicants. Mr. D.V. Tele, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 14TH DECEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicants seek directions under section 438 of the Code of Criminal Procedure. (2) CRI. APLN. 4859.2010 2. They apprehend arrest in connection with crime no. 41 of 2009 registered on basis of a private Complaint Application filed by the complainant by name Mahadu Panditrao Londhe. It appears that tempo vehicle of the complainant was parked by the driver in front of the house of his relative. The driver reported to the complainant in the same evening i.e. on 20.2.2009 that the tempo vehicle was stolen away by some unknown persons. Though search was made yet the tempo vehicle was not found. The complainant filed private Complaint Application no. 45 of 2010 after about one year and suspected the applicants as the persons who committed the theft of the tempo vehicle. The Complaint Application, prima facie, shows that the driver had named the applicants as the persons who had taken away the tempo vehicle. However, such averment in the Complaint Application appears to have been made after a long period and is rather an after-thought. There is nothing on record except suspicion expressed by the complainant to prima facie indicate that the applicants are the persons who committed the theft of the tempo vehicle in the relevant evening. (3) CRI. APLN. 4859.2010 3. The arrest of the applicants is therefore not essential for the purpose of the effective investigation. It would suffice, if the applicants are directed to remain present at the Police Station for the purpose of interrogation and investigation. If the complainant or the Investigating Officer would come across any information regarding the place where the tempo vehicle is concealed, then appropriate steps may be taken to secure Search Warrant and conduct the search of the place for recovery of the tempo vehicle. 4. For the reasons enumerated above, the Application is allowed. Both the applicants are directed to be released on bail, in the event of their arrest, on furnishing of bail bonds in sum of Rs.10,000/- (Rs. Ten Thousand) each before the Arresting Officer and on further condition that they shall attend the concerned Police Station on each Sunday between 3.00 pm. to 7.00 pm. and shall actively participate in the course of investigation. If any recovery is effected during such period, it will be deemed to be the recovery under section 27 of (4) CRI. APLN. 4859.2010 the Evidence Act, on assumption that the applicants or any of them were/was in the Police custody during the relevant short period, which may give rise to such recovery. They shall attend the concerned Police Station for four consecutive weeks hereafter. Sd/- [V. R. KINGAONKAR, J.] arp