1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4707 of 2009 Yashwant Ramchandra Khot & ors. ... Applicants versus The State of Maharashtra ... Respondent ... Mr.Rahul Kulkarni for the applicants. Mr.A.S. Khandeparkar i/b M/s. Khandeparkar & Associates for the original complainant. Mrs.A.A. Mane APP for the State. CORAM : D.G. KARNIK, J. DATED : 8th February 2010 P.C. 1. Heard. 2. By this application, applicants (27 in number) seek bail in connection with C.R.No. 97 of 2009 registered at Shahuwadi Police Station, District.Kolhapur. The prosecution case in short is that on 10th September 2009, the applicants removed the pipe line supplying water to the village Kalamwadi. As the water supply to the village was cut off and the villagers went to find out the reason and they noticed that the applicants were removing said pipe line. An FIR was lodged by the applicants on 18th September 2009. It is alleged that the pipes of the 2 water pipe line were stolen by the applicants by removing the pipe line. 3. The facts disclose that there is a dispute regarding the water between the villagers of Kalamwadi and Kasarwadi. In the FIR, it is alleged that the theft of the pipe line was committed and the complainants were the eye witnesses to the theft. Though there were eye witnesses and the thieves were known, the FIR has been lodged after 8 days of the incident. The delay in lodging of the FIR is not explained. It appears that on account of the dispute over the water and may be because of disruption of the water supply, present FIR of theft has been lodged. In the facts and circumstances of the case, custodial interrogation does not appear to be necessary. Hence, in my view, applicants can be granted a pre­arrest bail. Hence, I pass the following order:­ O R D E R In the event any of the applicants are arrested in connection with C.R.No. 97 of 2009, each of them shall be released on bail on executing P.R bond of Rs.5,000/­ with one surety of the like amount. This order shall remain in force for four weeks or till the charge­sheet is filed, whichever is later. (D.G. KARNIK,J.)