1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4986 OF 2010 1. Doobalya S/o Kailash Bhosale Age : 45 years, Occ : Labour, 2. Shubham S/o Doobalya Bhosale Age : 20 years, Occ : Labour, Both R/o Shindewadi, Tq. Shrigonda, Dist. Ahmednagar. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. M.S. Thube-Mhase, advocate for applicants. Mr. D.V. Tele, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 7 th December, 2010. PER COURT : 1. This is an application for bail. 2. Heard the learned Advocate for the applicants and learned A.P.P. 3. The applicants are arrested in connection with the Crime No.I-217/2010 registered at Parner Police Station on the allegations that they were members of the gang of dacoits and had prepared themselves for commission of such offence in the odd 2 hours of 09.10.2010. 4. The F.I.R. and the relevant investigation papers, prima facie, show that the Police received the secrete information to the effect that some culprits had concealed themselves at a place near the road between Jamgaon to Loni Haveli. The police party members collected panchas and went to the spot. At about 19.45 hours, they found five person concealing themselves in quarry. It is alleged that three of culprits fled away. Both the applicants were found on the spot. The applicant no.1 was found in possession of nylon rope and wooden stump along with Rs. 80/- whereas the applicant no.2 found in possession of mobile, knife and Rs. 30/-. It prima facie appears that the applicants are permanent inhabitant of village Dhargaon. There was no overt act on the part of the applicants. They were not found in the proximity of any building. The investigation to the extent of present applicants is practically over. The bail application of the applicants is rejected by the Sessions Court only on the ground that other absconding culprits are yet to be traced out. That can not be the reason for denying liberty to the applicants. The learned Advocate for the applicants would submit that the applicants are ready and willing to abide by any of the conditions which may be imposed by this Court. They are ready to report their presence to the Police Station during the 3 relevant period of investigation and even after filing of the charge sheet. 5. Under the circumstances, the application is allowed. The applicants are directed to be released on bail, on furnishing of their bail bonds in the sum of Rs. 20,000/- (Rupees twenty thousand) each along with one solvent surety bond in the like sum, to the satisfaction of the Court of Sessions, and on further condition that they shall report their presence to the concerned Police Station on each Thursday and Saturday between 8 p.m. to 10 p.m. during the period of investigation as well as during the period of the trial if the charge sheet is filed. The application is disposed of accordingly. (V.R.KINGAONKAR) JUDGE gas/cri4986.10