1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3007 OF 2010 1 Prashant @ Purushottam Ramchandra Gaikwad. 2 Gafar s/o Shamshoddin Mujawar Applicants Versus The State of Maharashtra & another Respondents Mr.A.S.More, advocate for the applicants. Mr.P.P.More, A.P.P. for the Respondents. CORAM: A.V.POTDAR, J. DATE : 11 th August, 2010. P.C.: 1 By the present application, the applicants approached this Court for their release on bail in connection with CR No. 63/10, registered in Paranda Police Station, District Osmanabad, in which, first applicant came to be arrested on 26.06.2010 and second applicant was arrested on 30.06.2010. After initial police custody remand was over, they were transferred in the magisterial custody. As their application for releasing them on bail filed before the trial Court came to be rejected, they are now before this Court. 2 2 Heard Counsel for the applicants and learned A.P.P. for Respondents. Perusal of the papers of investigation reveal that the said offence came to be registered on the complaint of one Chandrakant Baburao Narute about the incident which took place in the afternoon of 26.06.2010 as the complainant with his friends was proceeding to Barshi to purchase gold ring for wedding ceremony of his daughter. While the jeep reached near Kumbharwada, Paranda, another jeep chased the jeep in which complainant and others were travelling and was forcibly stopped near a bridge near Kumbharwada, from which applicants and 11 other persons arrived. The first applicant demanded cash from the complainant, which, according to him, he has advanced as loan to the brother-in-law of the complainant. Complainant declined to repay that amount, as, according to him, when he has not taken any loan from the first applicant, he is not liable to pay anything to the applicants. On this ground, scuffle took place between these applicant, 11 others and complainant. During that scuffle, the first applicant snatched gold ornaments on the person of the complainant and cash worth Rs.5000/- from the person of the complainant. During investigation, as stated earlier, the first applicant came to be arrested on 26.06.2010, while second applicant came to be arrested on 30.06.2010. The remaining eleven persons, who were arrested in this crime, have moved this Court by Criminal Applications No.2835/10 and 2860/10, who were released on bail by the order of this Court dated 26.07.2010. 3 On the ground of parity, Counsel for the applicants, prays that applicants be released on bail. 3 Considering the submissions across the bar advanced by learned Counsel for the applicants and learned A.P.P. for the State, so far as case of applicant no.2, on parity, can be considered with those applicants, who were released on bail vide order dated 26.07.2010. But, so far as case of first applicant is concerned, as the investigation is in progress and there is direct evidence against him, not only by the complainant but the passengers who were travelling in the jeep along with complainant have supported the statement of complainant that first applicant is the person who has snatched gold ornaments on the person of the complainant as well as removed cash from the person of the complainant. Merely because during custodial period, nothing was recovered, is not a ground to release the first applicant on bail during pendency of investigation. In view of this, application deserve for the following order: ORDER (a) Criminal Application is partly allowed. (b) Application of applicant no.1 Prashant @ Purushottam Ramchandra Gaikwad is hereby rejected. (c) Applicant no.2 Gafar s/o Shamshoddin Mujawar be released on bail on furnishing solvent surety in the sum of Rs. 15,000/- (Rs. Fifteen thousand) and on executing P.R. bond in the 4 like amount. (d) After released on bail, applicant no.2 not to contact the prosecution witnesses. (e) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln300710