1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 420 OF 2010 1. Sudhakar Sharma 2. Kishore Padwal 3. Kadu More .. Applicants V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.V. Kotwal i/b Mr. Rajeev Sawant & Associates for the applicant. Mrs. A.A. Mane, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 9TH FEBRUARY 2010 P.C. : 1. By this application, the applicants seek pre-arrest bail in connection with C.R. No. 414 of 2009 registered at Bhandup Police Station, Mumbai, for an alleged offence punishable under sections 403, 426, 448, 453, 380, 427 2 read with 34 of the I.P.C. 2. On 5th December 2009, one Bubalan @ Gopal Manu lodged a first information report with the Bhandup Police Station stating that he was the owner of a gala (shed made up of cement sheets) being shop no.3, Lake Road, Bhandup which he had purchased from Sudhakar Sharma @ Pappi. There was a dispute between him and Pappi regarding the said gala. According to him, he was visiting the gala once a fortnight and when he visited the gala on 20th November 2009 he found that the gala was completely broken and the cement sheets, of which the gala was made, were seen stacked. He therefore lodged a complaint alleging that his goods were stolen and the gala was demolished illegally. 3. So far as the allegation of theft is concerned, in the F.I.R. the complainant himself has stated that there were no goods in the gala 3 and it was empty. Thus, there is no material of any goods being stolen. So far breaking of the gala is concerned, the complainant has not seen anybody breaking the gala, but in the F.I.R. he has stated that he suspected that with the help of the watchman, Pappi had broken down the gala. The investigation carried out so far does not reveal complicity of any of the applicants to the alleged crime. 4. In the circumstances, the applicants can be granted pre-arrest bail. Hence, I pass the following order:- ORDER In the event the applicants are arrested in connection with C.R. No. 414 of 2009 registered at Bhandup Police Station, each of them shall be released on bail on their executing personal bond of Rs.10,000/- with one surety of the like amount subject to the following conditions: 4 (i) The applicants shall cooperate with the investigation an shall not in any way threaten any of the prosecution witnesses. (ii) The applicants shall attend the concerned police station initially on every Monday between 11.00 and 5.00 p.m. for 4 weeks for investigation/interrogation and shall thereafter appear before the concerned investigating officer as and when specifically summoned. This order shall remain in force for a period of 2 months or till the charge-sheet is filed whereafter the applicants may, if they so desire, apply for regular bail before the appropriate court. (D.G. KARNIK, J.)