1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.352 OF 2010 1. Sakharam @ Jalindhar S/o.Jairam Gaikwad, Age-26 years, Occu-Labour, R/o.Sangam Jalgaon, Tq. Georai, Dist. Beed, 2. Namdev @ Gaju S/o.Kashinath Gaikwad, Age-26 years, Occu-Agriculturist, R/o.Kuram Tal.Ambad, Dist. Jalna APPLICANTS VERSUS The State of Maharashtra, Through Police Station Georai, RESPONDENT Mr.D.S.Bagul, learned counsel for applicants. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 15/02/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 262/2008 registered in Gevrai Police Station of Dist. Beed in connection with offence registered u/s. 395 of IPC, in which these applicants came to be arrested on 17/11/2008 and after completion of investigation, charge sheet was filed in the Court of J.M.F.C. Gevrai 2 and numbered as RCC No.90/2009. A case is yet to be committed to the Court of Sessions. 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP, who is supported by the counsel for original complainant. It appears that the said offence came to be registered on the complaint of one Basavraj Sontakke Patil on 06/11/2008, and the offence was registered against 7 unknown persons. There is an allegation that when the applicant was travelling in the jeep to his native place, the inmates in the jeep forcefully removed the articles on his person and thrown him away from the jeep. These applicants were arrested in connection with the offence by Manmad Police from whom on transfer warrant they were taken in custody in this offence and are still in custody. During the investigation, identification parade was conducted about the arrested accused in connection with this offence. It appears that applicant no.1 was identified by the complainant and one wrist watch was recovered at the instance of applicant no.1. Description of the recovered property is identical with the description of the stolen property given in the complaint. So far as applicant no.2 is concerned, he is not identified by the witnesses during the identification parade neither any incriminating article is recovered at his instance. The fact remains that earlier remand application appeared to be moved before the lower court wherein 5 persons were shown as arrested. Other than these 2 applicants, remaining accused who were arrested in connection with the said offence were 3 already released on bail. As there is identification of applicant no.1 and one offence to his credit, his bail was refused by the trial court. 3. Considering this aspect and the accused are in jail for more than 4 months, it is not desirable to detain them for uncertain period but to enlarge them on the ground of parity with certain conditions. In the premise, following is the order - O R D E R 1. Application is allowed. 2. Both the applicants be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. After their release, till disposal of the trial, applicants to give attendance to Gevrai Police Station twice a month, on every 26th and 24th day in between 2 to 4 p.m. 4. In case of violation of this condition, prosecution is free to apply for cancellation of bail order today passed. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.352-10