1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3871 OF 2010 Vijay S/o Hiraman Gavane Age : 30 years, Occ : Agriculture, R/o Rahuri Factory, Tq. Rahuri, District Ahmednagar. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. A.D. Kharde holding for Mr. K.N. Lokhande, advocate for applicant. Mr. P.P. More, A.P.P. for respondent. ........ WITH CRIMINAL APPLICATION NO. 4063 OF 2010 Bhausaheb S/o Bhima Gaike Age : 28 years, Occ : Agriculture, R/o Nimbari, Tq. Newasa, District Ahmednagar. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mrs. S.S. Jadhav, advocate for applicant. Mr. P.P. More, A.P.P. for respondent. ........ WITH CRIMINAL APPLICATION NO.4315 OF 2010 Laxman @ Lakhan Gangadhar Jagdale Age : 23 years, Occ : Agril., R/o Sonai, Tq. Newasa, District Ahmednagar. ..APPLICANT -VERSUS- 2 The State of Maharashtra ..RESPONDENT ......... Mr. S.J. Salunke, advocate for applicant. Mr. P.P. More, A.P.P. for respondent. ........ WITH CRIMINAL APPLICATION NO. 4105 OF 2010 The State of Maharashtra ..APPLICANT -VERSUS- Balasaheb @ Bapu Narayan @ Nanasaheb Dange ..RESPONDENT WITH CRIMINAL APPLICATION NO. 4106 OF 2010 The State of Maharashtra ..APPLICANT -VERSUS- Raosaheb Nivrutti Tagad ..RESPONDENT WITH CRIMINAL APPLICATION NO. 4107 OF 2010 The State of Maharashtra ..APPLICANT -VERSUS- Arun Sopan More and another ..RESPONDENTS WITH CRIMINAL APPLICATION NO. 4108 OF 2010 The State of Maharashtra ..APPLICANT 3 -VERSUS- Anita Vishwanath Dighe ..RESPONDENT WITH CRIMINAL APPLICATION NO. 4110 OF 2010 The State of Maharashtra ..APPLICANT -VERSUS- Ganesh Machindra Bhutkar ..RESPONDENT WITH CRIMINAL APPLICATION NO. 4111 OF 2010 The State of Maharashtra ..APPLICANT -VERSUS- Prakash Popatrao Shete ..RESPONDENT ......... Mr. P.P. More, A.P.P. for applicant in all the matters. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 18 th November, 2010. PER COURT : 1. This group of applications are being disposed of together in as much as these applications arise out of same crime registered vide C.R. No.II 73/2010 at Tofkhana Police Station, Ahmednagar for the offences under Sections 3 r/w 25 and Section 7 of the Indian Arms Act. 4 2. The first three applications are filed by the accused persons for regular bail under Section 439 of the Criminal Procedure Code. The rest of the applications are filed by the State for cancellation of anticipatory bail/regular bail granted to other accused persons. 3. Heard learned Advocates for the applicants and the learned A.P.P. 4. So far as regular bail applications are concerned, it appears that the applicants are implicated as conspirators and active participants in the commission of crime for sale or purchase of county made revolvers/pistols and magazine. It prima facie appears that the police received secrete information to the effect that a racket was being operated for sale of country made pistols. A trap was led on 11.06.2010. In the course of such trap, one Pravin Baraskar and Narayan Gavhane were arrested. They were found in possession of country made pistol along with live cartridge in the magazine. The police seized arms along with ammunition and two motor cycles purportedly used by said Pravin Baraskar and Narayan Gavhane. Consequent upon information received from those two accused and other material gathered during course of investigation, the gang of arms vendor and purchasers was 5 busted. It is alleged that applicant-Vijay was behind the bars in connection with another crime bearing Sessions Case No.7/2008 and was operating the gange from behind the bar. It is also alleged that the original accused no.23, by name, Vikram Kavade was working as police constable and while on duty in the premises of the District prison, he was assisting the members of the gang in disgusting mercy business of vending arms and ammunition. 5. Having heard the learned Advocates and the learned A.P.P. and on perusal of the investigation papers comprise in the charge sheet, it prima facie appears that country made pistols were recovered during the course of investigation and most of the persons from whom the pistol were recovered have been released on bail by the Court of Sessions. It is also undisputed that main accused Pravin Baraskar and Narayan Gavhane, who were apprehended on the spot, are also released on bail. The material gathered against applicant-Vijay is indicative of circumstantial evidence and his role as co-conspirator and vendor of the arms is yet to be clarified during the course of trial. Other two applicants were undoubtedly found in possession of arms and ammunition but will have to be required to be treated equally with the other accused persons, who are released on bail. They will have to be granted bail on basis of parity. 6 6. So far as the applications for cancellation of anticipatory bail/ regular bail are concerned, it is made clear that now the charge sheet has been filed, and therefore, the effect of the anticipatory bail may be deemed as evaporated. In other words, such anticipatory bail orders have come to an end as on the date of filing of the charge sheet. The applicants who are granted anticipatory bail may, therefore, surrender before the trial Court and may seek regular bail, if they so desire. The Investigating Officer may arrest such accused persons, if it is necessary to arrest them and conduct any further investigation with permission of the trial Court as permissible under Section 173(8) of the Criminal Procedure Code. In this view of the matter, the applications for cancellation of bail are being disposed of with liberty to oppose the bail applications filed by the concerned accused persons before the trial Court or to move the trial Court for cancellation of bail under Section 437(5) of the Criminal Procedure Code. 7. Three bail applications filed by the concerned accused-Vijay, Bhausaheb and Laxman @ @ Lakhan are granted. They are directed to be released on bail, on furnishing of Bail Bonds in sum of Rs. 25,000/- (Rs. Twenty Five Thousand) along 7 with one solvent surety by each of them. Bail Bonds shall be furnished before the trial Court and surety shall be to the satisfaction of the trial Court and more over the applicants-Vijay and Bhausaheb, against whom there are serious allegations, shall attend Tofkhana Police Station on each day between 8 to 9 p.m. during the period of pendency of the trial. Their failure to attend the police station for three consecutive evening will automatically entail cancellation of bail granted to them. Remaining applications for cancellation of bail are disposed of as per the terms and for the reasons stated earlier. (V.R.KINGAONKAR) JUDGE gas/cri3871.10