{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.443 OF 2010 1. Prakash s/o Sawla Dhotre Age-35 years, Occ-Labour R/o Kekarjawla, Tq-Manmath, Dist-Parbhani 2. Sakharam s/o Gangaram Shinde Age-40 years, Occ-Agriculture R/o Seoli, Tq & Dist-Jalna APPLICANTS VERSUS The State of Maharashtra Through police station Partur Dist-Jalna RESPONDENT ....... Mr.K.B.Jadhav, Advocate for applicants Mr.B.J.Sonawane, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16th February 2010 PER COURT: 1. By this application, the applicants have prayed to release them on bail in connection with CR No.83/2009, as they are arrested on 18.12.2009 and after completion of investigation charge sheet has been filed on 27.12.2009 so also the trial is {2} committed and numbered as Sessions Case No.04/2010. 2. Heard learned counsel for the applicants and learned APP. 3. It appears that the said offence came to be registered on the complaint of one Baliram. It is alleged that some 7/8 unknown persons entered in the Kedarwakadi sansthan forcibly and oped the donation box and removed cash in the sum of Rs. 1,000/- so also assaulted the persons, who were sleeping in the said temple. It is further alleged that the said persons had also removed mobile of one Mahadeo. 4. According to learned counsel for applicants, the present applicants were never produced for test identification parade. Though cash is recovered from the accused, yet it is the statement of the accused that the said cash is the same which was looted by them at the time of said dacoity. Considering the papers of investigation it is clear that the case of prosecution rests on circumstances and statements of accomplice, which is a weak piece of evidence. In the premise and in view of the fact that now the trial is committed, it is not desirable to detain the applicants behind the bars for uncertain period as it is undertaken on behalf of the applicants that they would be available to face the trial. Considering the overall effect, application deserves to be allowed. {3} 5. In the result, the application is allowed. Both the applicants be released on bail on their furnishing surety in the sum of Rs.10,000/- each and on executing PR bonds in the like amount. Applicants are directed not to tamper with the prosecution witnesses. [A.V.POTDAR, J.] drp/A10/criapln443-10