1 Cri-A-5507-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.5507 OF 2010 1) Yadgir Shiva Bhoi, ) 2) Raju Ramu Bhoi ) 3) Sairam Shinupappa Bhoi, ) 4) Shreeram Vyankappa Bhoi ) 5) Gopi Shiva Bhoi ) 6) Shiva Shivayya Bhoi, ) 7) Vyankatesh Raju Bhoi ) 8) Shreenu Ramu Bhoi ) 9) Sudha Shiva Bhoi, ) All R/o. Gulbarga Chowk, ) Vijapur, Karnataka ) (at present Kolhapur Jail) ).. Applicants (Orig. accused) Vs. The State of Maharashtra ).. Respondent Mr. Abhay Singh Shinde, i/b. Rahul Kulkarni, Advocate, for the applicants. Ms. P.P.Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th January, 2011. P.C. 1. The applicants were arrested and booked for the offence under Section 399 in Crime No.102/2010 registered at Wadgaon Police Station, District Kolhapur. According to prosecution, on 14.9.2010, the police party came to know that 8 or 9 persons having M-80 motorcycle and TVS Suzuki Motorcycle were hiding themselves near the tea stall. At about 3.15 a.m., the police party went to 2 Cri-A-5507-10.sxw the said spot and found the present applicants - all residents of Gulbarga Chowk, Vijapur from Karnataka State. They had some cash, a knife, sickle chain, rope, stick, some hammer, four mobiles, some gold rings and chilli powder total worth Rs.38,225/-. As these persons were similar to the description of the persons as per the information received. They were arrested and articles found with them were recovered. The accused persons filed the application for bail. The trial Court granted bail and directed that they be released on executing P.R. of Rs.30,000/- each with solvent surety and with condition that they shall give detailed residential addresses of the three blood relatives, their permanent addresses, documentary evidence about their identity and addresses and to inform the police as and when the accused or sureties would change their address. It was directed that the documents and the information given by the accused should be verified by the concerned Police Station and thereafter only they should be released on bail. Even though bail was granted on 25.10.2010, the accused could not be released because they found it impossible to fulfill the conditions. Hence, they moved the present application for modification of the said conditions of the bail. 2. On perusal of the police papers filed with the charge-sheet, it appears that the accused No.7 Venkatesh was previously arrested in 2008 in a case under Sec. 394 registered in 2007. Accused No.5 Gopi was previously arrested in 2005 3 Cri-A-5507-10.sxw in a theft case under sec. 379 registered in 2004. No case was registered against the remaining accused persons. Against accused No.5 Gopi and accused no.7 Venkatesh also except one case, no other case was registered prior to the incident. According to the applicants, they are very poor labourers working in construction of road and they had come to the said area from Karnataka for earning their livelihood. Taking into consideration the facts and circumstances, in my opinion, the conditions of bail granted by the trial Court are very stringent amounting to refusal of the bail. 3. In view of the above, the application is allowed. The conditions of bail stand modified as follows :- The applicants be released on their executing P.R. of Rs.5,000/- each with a local surety in the like amount with condition that they shall not misuse the bail and shall report at Wadgaon Police Station on every first Sunday of a month till end of trial and they shall keep the police informed about the change in address, if any. (J.H.BHATIA,J.)