(1) Cri. Application No. 3896 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3896 of 2011 Dnyaneshwar Pandharinath Pagar, Age : 28 years, Occupation : Agriculture, R/o. Golwadi, Taluka : Vaijapur, .. Applicant District : Aurangabad. (Original accused) versus The State of Maharashtra. .. Respondent. ....................... Mr. D.K. Dagadkhair, Advocate, holding for Mr. Abhishek V. Palve, Advocate, for the applicant. Smt. R.K. Ladda, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 19TH OCTOBER 2011 (2) Cri. Application No. 3896 of 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for investigation purpose, and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking regular bail in connection with Crime No. 38/2011, registered at Railway Police Station, Aurangabad, for the offences punishable under Sections 395 and 397 of Indian Penal Code. 3. It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely, Bishal Anil Pagare, on 8-7-2011, against the applicant, co-accused person, namely, Sanjay Ganesh Jatale, and other 6 - 7 unknown persons. The alleged incident occurred on 8-7-2011 in Nanded- Manmad passenger train while travelling by the complainant and other witnesses, particularly near Karajgaon Railway Station, and various passengers were travelling by the said train. However, when the said railway left Daulatabad Railway Station, about 6 - 8 persons had boarded the said train, who had consumed liquor, and when the said train left, the aforesaid persons whose description has been mentioned in the report, started snatching (3) Cri. Application No. 3896 of 2011 Muddemal property including mobile phone and cash amount from various passengers. The complainant has given details about the same and mentioned names of the passengers in the report. The investigating agency caught hold of one person, namely, Sanjay Ganesh Jatale, who was along with 6 - 8 persons while committing the aforesaid crime. It is alleged in the complaint that the articles / Muddemal property, totalling amount to Rs. 54,750/- were allegedly stolen by the said burglars from the passengers in the said train. 4. It is submitted by the learned APP, that during the course of investigation, some of the accused persons, including the applicant herein, were arrested. Test identification parade was conducted in respect of the applicant herein, and it is submitted that the applicant was identified therein by the identifying witnesses. 5. On the face of the aforesaid position, learned Counsel for the applicant, on instructions, had expressed readiness and willingness of the applicant to deposit amount of Rs. 54,750/- i.e. alleged theft amount, with the Judicial Magistrate (First Class), Railway Court, Aurangabad, without prejudice to his rights and contentions, within two days, and accordingly, matter was kept today i.e. 19th October 2011, for the said compliance. It is (4) Cri. Application No. 3896 of 2011 submitted that in pursuance of the said willingness, the applicant has deposited amount of Rs. 54,750/- before Railway Court, Aurangabad, on 14-10-2011, and photostat copy of the said receipt has been produced, and the same is taken on record and marked as document "X". 6. In the light of the aforesaid facts, the applicant deserves to be enlarged on bail, but on certain conditions. 7. In the result, present Criminal Application is allowed, and it is directed that the applicant, namely, Dnyaneshwar s/o. Pandharinath Pagar, be released on bail, in connection with Crime No. 38/2011, registered at Railway Police Station, Aurangabad, on furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount, on the following conditions : (i) After release on bail, the applicant shall give attendance before the concerned investigator, once in a week i.e. on every Monday, between 4.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation. (ii) After filing of the charge sheet, the applicant shall give attendance before the concerned investigator, once in a month i.e. on every first Monday of each month, till disposal of the case. (5) Cri. Application No. 3896 of 2011 (iii) Applicant shall not influence upon prosecution witnesses and/or tamper with the prosecution evidence, in any manner whatsoever, directly or indirectly. 8. Present Criminal Application is disposed of finally. 9. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 10. Humdast permitted. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/criap3896