1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 35/2011 (Vijendra Ramesh Chavan .vs. State of Maharashtra through PSO Malegaon, Dist. Washim ) with CRIMINAL APPLICATION (BA) NO. 46/2011 (Parmeshwar Pandurang Sable .vs. State of Maharashtra through PSO Malegaon, Dist. Washim ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. C.A. Joshi, Advocate for Applicant in Criminal Application No. 35/2011 Mr. S.U. Nemade, Advocate for Applicant in Criminal Application No. 46/2011 Mr. A.S. Sonare, APP for Respondent .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 03, 2011 Heard. By these applications, the applicants/accused charge sheeted by Police Station Malegaon in connection with Crime No. 145/2010 of the said Police Station registered for offence under Sections 399, 400 and 402 of IPC read with Sections 3 and 25 of the Arms Act on 19.9.2010 have prayed for bail. The said crime was registered upon the FIR lodged by P.I. Rathod contending that he had received a secret information that co-accused Ramesh Ganu Chavan resident of Pangarkheda is involved in commission of serious 2 offence such as robbery, dacoity by using illegally possessed fire arms and ammunition manufactured by unregistered companies either himself or through his associates negotiates with the customer about purchase of fire arms and ammunition and calls them at a particular place and after showing the sample of arms and ammunition negotiates regarding price to be paid and thereafter with the help of associates without handing over any arms and ammunition snatches the amount brought by such customer. Thereon first informant had arranged a trap at bus stand at Malegaon and send a shadow customer. The further part of the first information report reveals that during the said trap, the said main culprit Ramesh and others had fled away while his associates the applicants in B.A. Nos. 35 and 46/2011 were caught by the Police. It also reveals that during the search taken of the applicants i.e. applicant in B.A.No.46/2011 was found possessing a country made revolver and three bullets while applicant in BA No.35/2011 was found possessing knife and mobiles used for conversation for commission of crime. Though the prayer for bail made by the applicants was vehemently opposed by the learned APP by urging that both of them are caught raid handed as such their involvement in the offences for which they are charge sheeted being borne, after prima facie considering the material in the charge sheet there appears substance in the submission of the learned counsel for the applicants that the offences allegedly committed by the applicants being exclusively not punishable with death or imprisonment for life and the 3 investigation being complete and considering the time which would be required for trial coming up for hearing , no fruitful purpose would be served in keeping them in custody. In view of the same and considering the nature of the allegations against the applicants and the character of prosecution evidence in support thereof, the prayer for bail deserves consideration by imposing strict conditions and insisting compliance of the same to ensure the presence of the applicants at the trial and misuse of liberty given to them. Hence the order. Both the applicants are directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- each with one solvent surety in the like amount by each subject to the conditions that applicants - (i) shall attend Shirpur Police Station in between 11.00 am to 2.00 pm on every day for a period of 15 days and thereafter on every alternate day for a period of 3 months and thereafter on every Monday until conclusion of the trial; (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iv) shall not commit any offence while on bail. The applications stand disposed of. JUDGE halwai