{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 428 OF 2010 Vijay s/o Sadu Aher Age-22 years, Occ-Private Service, R/o Siddhi Apartment, Ashok Nagar Stop, Nashik APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. H.F.Pawar h/f Ms.A.R.Ade, Advocate for applicant Mr. B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.117/2009 registered with Kadim, Jalna police station, as the applicant is arrested on 20.07.2009 and after completion of the investigation charge sheet has been filed on 30.09.2009. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. {2} 3. It appears that the said offence is registered on the complaint of one Shaikh Naseem in respect of an incident dated 20.07.2009. The said FIR is registered on the same day at 3.00 p.m. It is alleged in the complaint that when the complainant stopped his bike to receive a phone call, three unknown persons came and throw chilly powder and snatched the motor bike and mobile hand set. The accused were apprehended, as they were chased on the alarm raised by the applicant. During the search of the applicant, the mobile phone of the complainant was recovered. Timing of the search memorandum indicate that the same was conducted in between 2.15 and 2.50 p.m. During the course of investigation statement of the police officers were recorded, which disclose that initially complaint was lodged and thereafter the accused were apprehended near the railway line and during their search mobile of the complainant was recovered from the applicant, which is a linking evidence to link the applicant with the said offence. 4. Perusal of the papers of investigation indicate that the investigation is faulty, as the time shown in the search and seizure Panchanma is prior to the lodging of the FIR and the statements of the police officers, do not match with the said timings. On the contrary, the statements spoil the case of the prosecution. The only inference can be drawn is that though knowing full well the effect of such type of investigation, the same is carried out, may be {3} deliberately, to help the culprit. If this type of investigation is carried out then there is no option left with the court, but to grant bail to the applicant and the same cannot be refused merely because the applicant resides at outside station. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 10,000/- and on executing PR bond in the like amount. The applicant to attend the concerned court on the given dates regularly. [A.V.POTDAR, J.] drp/A10/criapln428-10