1 CR.APL NO.1380/2011 & 1249/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 25. APPLN/1380/2011 MADHUKAR PIRAJI GAIKWAD [Criminal] V/S THE STATE OF MAHRASHTRA WITH APPLN/1249/2011 LAHU DNYANDEO WAKDE AND ANR V/S THE STATE OF MAHRASHTRA ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.M.M.Nerlikar, Mr.Ajit B.Kale, Advocates, for the respective applicants. Mr.K.M.Suryavanshi, Mr. V.H.Dighe, A.P.P., for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:11/4/2011 1. Heard. 2. The acccused/applicants, allegedly, apprehended in the night of 12th Feb.,2011, for accusations under Sections 399, 402 of IPC, seek bail. 3. So far as applicants Lahu and Sachin are concerned, reading the FIR, nothing incriminating was found, however, from Madhukar, at the time of raid, a sword was allegedly recovered. 2 CR.APL NO.1380/2011 & 1249/2011 4. Learned A.P.P. submits, barring involvement in Crime No.57/2011 and another Crime No.28/2011, there are no cases against these applicants. He also adds, in Crime No.28/2011, there was discovery at the behest of these applicants of ornaments. Mr.Kale informs, wife of applicant Sachin, namely, Rajani, is not keeping well, admitted in I.C.U. And release of the accused Sachin is imperative to take care of his critically placed wife. 5. For the present, in Crime No. 57/2011, considering nature of accusations, mere preparation by itself would not amount to commission of the offense. Consequently, further custody not warranted. Hence order: ORDER (a) The accused/applicants ( Madhukar s/o Piraji Gaikwad (Application No. 1380/2011) and No.1 Lahu Dnyandeo Wakde and No.2 Sachin Balasaheb Mokate (Application No 1249/2011) be released on each furnishing P.R. bond 3 CR.APL NO.1380/2011 & 1249/2011 and surety in the sum of Rs.15,000/­ ( Rs. Fifteen thousand). (b) The accused/applicants, if not in custody in other crimes, to attend concerned investigator on every Thursday and Sunday, between 3 p.m. to 6 p.m., till 31st July, 2011. (c) That the accused/applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected and, (d) That the accused/applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Applications allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/1380­11crapl