MP 1 BA1703_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1703 OF 2011 1. Pravin Prahlad Raut 2. Kaka Dada Waghmode ... Applicants Versus The State of Maharashtra ... Respondent Mr. P.G.Sarda i/b. Mr. Rupesh Zade, Advocate for Applicants. Mrs.R.V. Newton, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 29TH NOVEMBER 2011 P. C. : Applicants, who are accused Nos.3 and 4, seek to be released on bail in crime No.200 of 2011 registered with Walchand Nagar Police Station, District Pune for the offences punishable under Sections 399 and 402 of the Indian Penal Code. 2. Prosecution case, in brief, is that, on 08.10.2011 at about 8.00 p.m., some police officers got information that eight to ten persons had assembled behind Chatrapati Sakhar Karkhana on Bhavani Nagar Tavashi Road with intention to commit dacoity. Therefore, a police team approached there and found one omni car, a bullet motorcycle and eight persons standing there. Four out of them ran away but accused Nos.1 to 4 were nabbed on the spot. It is alleged that one mobile handset and some chilly powder was found with accused No.1 Ankush, one torch and mobile handset was found with the accused No.2 Lahu and one mobile handset was found with accused No.3 Pravin as also with accused No.4 Kaka. Admittedly, there is no previous criminal antecedent against any of the four persons who are arrested by the MP 2 BA1703_11 police. No incriminating article was found with the present applicants who are accused Nos. 3 and 4. A mere mobile handset found with them cannot be treated as incriminating article which could be used for commission of offence like dacoity. It is contended that the accused Nos.5 and 6 have criminal antecedents. It appears that there are criminal antecedents only against persons shown absconding. Involvement of those persons is also based on the statement allegedly made by the present applicants. Such statement is not admissible in law. 3. In view of the facts and circumstances, the applicants be released on their executing P.R. of Rs.10,000/- each with one surety in like amount with condition that they shall not tamper with the prosecution evidence. (J. H. BHATIA, J)