1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.354 OF 2010 Sudhakar S/o.Raosaheb Rathod, APPLICANT VERSUS The State of Maharashtra, Through Police Station, Sonkhed, Tq.Loha, Dist.Nanded RESPONDENT Mr.H.I.Pathan, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 22/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.74/2009, registered in Sonkhed Police Station for the offence punishable u/s. 394 of The IPC, in which he was arrested on transfer warrant as earlier he was arrested in connection with the offence registered in Loha Police station of Nanded District and came to be arrested on transfer warrant in this case on 27/11/2009. 2. Heard learned counsel for applicant and learned APP for State. Perusal of the papers of investigation shows that the offence came to be registered on 24/09/2009 on the complaint of one Sandip Adhav, dealing in the business of gold, as while he was returning from Cidco, 2 around 7.00 p.m. in the evening of 24/09/2009, 3 persons followed him on motor bike and when the motor bike reached near Sarangdhar Ghorband, those riders on that motor bike kicked his motor bike and on the point of knife, robbed the articles from his possession. Then the complaint came to be lodged against 3 unknown persons. 3. After the present applicant was taken in custody by Sindkheda Police Station on transfer warrant as stated earlier, during interrogation on 08/12/2009, at the instance of present applicant, one gold ring was recovered which was identified by the complainant. Even though, it is alleged that after the applicant was arrested, he was not tendered in the identification parade. These arguments are of no means, as according to the applicant, the complaint was lodged against the unknown persons, then the linking evidence is the recovery of the property from the present applicant. As there are other offences to the credit of the present applicant, it is not safe to release the applicant accused on bail at this stage, when the investigation is in progress, even though for about 80- days, applicant is in custody. Application sans any merit, stands rejected. 4. These observations are prima facie observations, trial court not to influence by these observations. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.354-10