1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5247 OF 2010 1 Kunal Gopal Lonchwani 2 Montu Vibhuti Choudhary ...Applicants. v. The State of Maharashtra ...Respondents. Mr.K.S.Patil, adv. For the Applicants. Mr.J.P.Kharge, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 31, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.410 of 2010 registered by Nalasopara Police Station, Dist. Thane for the offences punishable under sections 399 and 402 of the I.P.C. 2 According to the prosecution, on 23.8.2010 at about 19.45 hrs. police patrolling party got the information that one Aslam Khan, alongwith five or six companions, would be coming to commit dacoity in a shop in Oswal Nagar area. Accordingly, police party took a position waiting for the culprits. At about 21.15 hours, said persons came there and PSI Khedkar by taking position heard conversation among them, which revealed that they were planning to commit dacoity at Shri Devtarangan Cloth Stores. After that all the five persons were nabbed 2 and arrested under panchanama. From two of them, knives and from one a screw driver were recovered. From the present applicant no.1 Kunal 150 gms. of chilly powder was recovered and from the applicant no.2 Montu, an iron instrument was recovered. On the basis of report lodged by head constable Bapu Shankar Badhle, the offence was registered. On the last date, the learned APP contended that the applicants are accused in many other cases. The learned counsel for the applicants contended that the applicant no.1 Kunal was arrested in seven more cases and the applicant no.2 Montu was impleaded in six more cases, after arrest in this case, merely by transfer of the custody from this case to those cases and that no incriminating article was recovered from them and they were also released on bail in all those cases. The learned PP sought time to take instructions and therefore, the matter was posted today. 3 The learned APP has no instructions even today as to whether the present applicants were wanted accused before arrest in this case and whether any incriminating article was recovered from them in any of those cases. 4 In view of the above circumstances, applicants be released on their executing PR of Rs.10,000/- each with surety in the like amount with condition that they shall not tamper with the prosecution evidence 3 and shall attend Nalasopara Police Station on every first and third Sunday of the every month till the end of the trial. 5 Application stands disposed off. (J.H. BHATIA,J.)