Cri. Apln. No. 2299/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2299 OF 2011 1. Ankush Bhimrao Pandule, R/o. Pimpri, Tq. Ashti, Dist. Beed. 2. Sandip Dilip Anbhule, R/o. Ghumari, Tq. Karjat, Dist. Ahmednagar. 3. Sachin Mahadeo Anbhule, R/o. As above. 4. Dilip Tukaram Warule, R/o. As per applicant No. 1. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. Joydeep Chatterji, Advocate for applicants. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 1st July, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 466/2010 registered in Pathardi Police Station, District Ahmednagar for offences punishable under sections 395, 120-B etc. of IPC. The papers of investigation were made available by APP. Both the sides are heard. Cri. Apln. No. 2299/2011 2 2. The crime is registered on the basis of report given by Ganesh Choudhari, who was working as a driver on a transport vehicle. He and co-driver were transporting cotton of one Satpal Dhakne and their vehicle was intercepted on 23.12.2010 in the night time. There was cotton weighing 91.60 quintile in the vehicle. There are allegations against the present applicants that they had intercepted the vehicle and after tying both the drivers with the rope, they have taken the transport vehicle to other place. In other transport vehicle the cotton was then carried to different places by the applicants and the cotton was sold. 3. Two drivers were released after a day and the vehicle was parked at different places by the applicants. Police traced the applicants and they have recovered the cotton. The statements of purchasers are recorded. The vehicle which was intercepted is also recovered. Identification parade was also held. During identification parade, applicant Sachin is identified by the drivers. In spite of this circumstance and in spite of the fact that there is sufficient material to make out prima facie case for offence punishable under section 395 of IPC, the applicants cannot be detained behind bars till the trial of the case is over. The record collected by police shows that they are permanent residents of the place shown against their names by police and the purchasers knew the applicants. These circumstances show that there is Cri. Apln. No. 2299/2011 3 no possibility that they will abscond. The chargesheet is already filed. 4. So the application is allowed. The applicants are to be released on bail in Cr. No. 466/2010 registered in Pathardi Police Station, District Ahmednagar for offences punishable under sections 395, 120-B etc. of IPC on their furnishing PR and SB of Rs. 25,000/- (Rupees twenty five thousand) each with one solvent surety. The solvent surety is to be of the Tahsil in which the place of residence of applicants is shown. They are not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln2299.11