1 Cri-A-4512-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.4512 OF 2010 Tanhaya Hastimal Kale ... Applicant Vs. State of Maharashtra ... Respondent Mr Nebojyoti Talukdar,Advocate, for the applicant Smt. R.V.Newton, APP, for the respondent. CORAM: J.H.BHATIA,J. DATE : 11th January, 2011. P.C. 1. The applicant, who is arrested in Crime No.92/2010 by Shirur Police Station for the offence under Sec. 395 IPC, seeks bail. 2. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers. 3. Prosecution case, in brief is that on 18.3.2010, at about 2 a.m. three persons went to the house of the complainant Vandana Ugale. Two of them entered into the house. They were armed with knife and sword. They demanded key of the cupboard and after obtaining the key, they removed amount of Rs. 2 Cri-A-4512-10.sxw 5,000/- and a Nokia Mobile Handset, Gold Mini Ganthan of 1-1/2 tola and gold `Karn-fool' (ear-ring) of 2 grams. After committing theft, those persons left the place by giving threat with knife. The report was odged on the same day and Crime No.92/2010 was registered under Section 395 of IPC. Later on, on the basis of information given by the present applicant, ornaments of this case and another case were recovered. After investigation, offence under Section 395 and under Sec. 412 of IPC was registered against seven persons. 4. Whether Section 395 IPC is applicable or not may be looked into by the trial Court because as per the FIR only 3 persons were involved in the commission of offence. However, it appears that the gold ornaments stolen away from the house of Vandana were recovered and were also identified by Vandana. The accused was also identified by the witnesses during test identification parade. The applicant is also involved in another similar case. 5. In view of the above circumstances, in my opinion, if the accused is released on bail, he may either abscond or may indulge in similar activities. Therefore, it is not desirable to grant bail to him. 6. Therefore, the application stands rejected. However, the trial Court 3 Cri-A-4512-10.sxw shall expedite the trial and dispose of the case as early as possible, and preferably within six months from this day. (J.H.BHATIA,J.)