1 Cr Apln 2419/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No.2419 Of 2011 Bhanudas s/o Jayaram Sarad. .. Appellant. Versus The State of Maharashtra .. Respondent. -------- Shri. J.S. Gavane, Advocate, for applicant. Shri. N.H. Borade, Additional Public Prosecutor, for respondent. -------- CORAM: T.V. NALAWADE, J. DATE: 5th JULY 2011 PER COURT : 1) This application is filed for bail in Crime No.I-45/2010 registered at Police Stain Supa, District Ahmednagar for offences under sections 392,395,341, 412,506 read with section 34 of the Indian Penal Code. The papers of investigation are made available. Both the sides are heard. 2) The crime is registered on the basis of a report given by one Vikas Sanap contending that he and his 2 Cr Apln 2419/2011 cleaner Krishna Nagargoje were taking their truck with iron bars being No.MH 14 V 4613 to Pune. It is contended that at about 1.45 hours of the night after passing Masane Phata Toll Post one jeep intercepted their truck. It is alleged that 3 persons from the jeep entered the cabin of their truck by showing knife. The truck was taken to different places. The iron bars were taken from the truck. The allegations are made that those persons had taken two mobile handsets and cash amount of Rs.2700/-. In the report description of the persons was given by the complainant. The value of the iron bars was around Rs. 2,75,000/-. 3) The Advocate for the applicant has submitted that, the case is committed. The Advocate for the applicant submitted that, no application was decided by this Court on merits. Previously an application for bail was withdrawn and copy of the order made by this Court dated 7-2-2011 is produced (Criminal Application No.2220 of 2010). 3 Cr Apln 2419/2011 4) The papers of investigation show that the truck and the iron bars (steel) are recovered. The papers show statement of one Amol Ramdas Sarad is recorded under section 27 of the Evidence Act and his statement led to discovery of 50 bundles of the iron bars worth Rs.1,09,000. There is statement of another witness Dipak Dajibhau Malme showing that he had sold some steel to one Vikas Khose and those bundles are also recovered. There is statement of present applicant to the effect that the stolen cash of Rs.1000/- was kept in the house and there is the panchanama of seizure of Rs.1000/- from his house. The APP submitted that identification parade was held and one witness has identified present applicant. Though the aforesaid circumstances show a prima facie case but the trial is not yet started. The applicant came to be arrested in September 2010. He has produced record to show his permanent resident of Babhulsar (Khurd), Taluka Shirur, District Pune and the record includes 7/12 extracts, extract of Village Panchayat Namuna No.8, tax receipt, PAN card, Identity Card issued by Mathadi Board, Pune. There is copy of report given by the police to show that the applicant was not involved in any other case in the past. 4 Cr Apln 2419/2011 5) Advocate for the applicant has submitted that accused Vikas Khose is released on bail. In view of these circumstances, bail can be granted to the applicant. So the application allowed. The applicant is to be released on bail in Crime No.I-45/2010 registered at Supa Police Station, District Ahmednagar on furnishing PR bond of Rs. 15000/- with one surety in the like amount and on conditions that the applicant shall not tamper with the prosecution witnesses and he is not to enter villages of the witnesses. Sd/- (T.V. NALAWADE, J.) rsl