1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.223 OF 2011 Krushna @ Kishor Prabhakar Lone ..Applicant Versus The State of Maharashtra ..Respondent AND CRIMINAL APPLICATION NO.224 OF 2011 1. Shivaji Vitthal More 2. Sudhir Madhukar Kamble ..Applicants Versus The State of Maharashtra ..Respondent Mr Joydeep Chatterji, Advocate for applicants Mr D.V.Tele, A.P.P. for respondent CORAM : P.V. HARDAS, J. DATE : 31st January 2011 PER COURT : 1. Since both the applications have been filed by the applicants, who are accused in Crime No.173 of 2010, registered by the Gondi Police Station, district Jalna for an offence punishable under Section 395, 363 read with sec.34 of the Indian Penal Code, by these applications seek their enlargement on bail. 2 2. All the three applicants came to be arrested in September 2010 in respect of the aforesaid offences which came to be registered by the Gondi Police Station. 3. First information report came to be lodged on 19.9.2010 by one Murganand s/o Raju Uddyar, a driver of a truck, who claimed that on the day of the incident, i.e. on 19.9.2010 in the wee hours of morning, one silver colour TATA Sumo vehicle had overtaken the truck and had obstructed the truck. Upon the driver stopping the truck six persons from TATA Sumo had alighted and thereafter had assaulted the driver. The driver and the other person, who was in the truck were asked to alight from the truck and one of the persons had dealt a knife blow on the elbow of the right hand of the driver. The dacoites started the truck and left the scene of the offence. The first informant along with the other person, who was in the truck were then kept in the TATA Sumo vehicle with their eyes bandaged and left in an agricultural field. Thereafter, the first information report came to be lodged. In the first information report it was reported that the dacoites had stolen the truck which was valued at Rs.7 lacs along with 16 tonnes of PVC pipes which were valued at Rs.8 lacs. The first informant alleged that one Nokia handset was also stolen which contained the SIM Card bearing No.9600327828. 4. Undisputedly, the charge-sheet in the said crime came to be filed in December 2010. 3 5. Prior to the filing of the charge-sheet, application for bail had been moved before me which came to be withdrawn. Subsequent to the filing of the charge-sheet, it appears that the applicants filed Misc.Applications before the Sessions Judge, Jalna seeking their release on bail. On their applications being rejected the present applications have been filed. 6. Applicant in Criminal Application No.223 of 2011 is a driver against whom it is alleged that he had discovered the TATA Sumo vehicle on the basis of memorandum under Section 27 and had also discovered a Nokia mobile under Section 27 of the Indian Evidence Act. In respect of the other applicants in Criminal Application No.224 of 2011, it is alleged by the prosecution that applicant Shivaji had discovered a sickle, which came to be seized. Admittedly from none of the present applicants any stolen property has been recovered nor any weapon except from applicant Shivaji. 7. The discovery of TATA Sumo and the discovery of the mobile handset by themselves do not connect the applicants with the commission of the crime. No registration number of the TATA sumo vehicle had been given in the first information report. Admittedly, no test identification parade has been held. Even the description of the Nokia mobile which is alleged to have been stolen by the dacoites from the possession of the first informant is not stated in the first information 4 report. No panchnama has been held in respect of the identification of the Nokia mobile. The applicant in Criminal Application No.223 of 2011 has been arrested on 20.9.2010 and has been in jail now practically for more than four months. 8. In respect of the applicants in Criminal Application No.224 of 2011, except applicant Shivaji who is alleged to have pointed out the sickle, no other property or weapon from the other applicant has been seized. The seizure memo of the sickle also does not refer that it was stained with blood. Apart from that no test identification parade has been conducted in order to verify if the accused are the same dacoites, who had committed the dacoity. Prosecution has also not placed on record any material to indicate that the applicants are being prosecuted for any other offence punishable under Section 395 of the Indian Penal Code. In such circumstances, it cannot be concluded with any degree of certainty that the applicants are members of the gang of dacoites. 9. In the light of paucity of material against the applicants, according to me both the applications deserve to be allowed. 10. Accordingly, Criminal Application No.223 of 2011 and Criminal Application No.224 of 2011 are allowed and the applicants are directed to be released on bail in Crime No.173/2010 registered by the Gondi Police Station under Section 395, 363 read with sec.34 of the Indian Penal 5 Code, on each of the applicant executing a P.R. bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial Court. The applicants shall not influence the prosecution witnesses or tamper with the prosecution evidence. 11. Applications allowed accordingly. ( P.V.HARDAS, J.) vvr/amj/223-224.11criappln