1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1107 OF 2010 Indarsingh Omkarsingh Solanki ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.Swapnil S. Patil, Advocate for applicant. Mr.K.S. Patil, APP for respondent. ..... CORAM : SHRIHARI P. DAVARE,J DATE : 12th April, 2010. PER COURT : 1. Heard Mr.Swapnil S. Patil, learned counsel for applicant and Mr.K.S. Patil, learned A.P.P. for respondent. 2. This is an application preferred by applicant seeking bail in connection with C.R. No.168/2009 registered with police station, Chalisgaon, Dist. Jalgaon for the offences punishable under Sections 457, 380 of the Indian Penal Code, since applicant was arrested thereunder on 28th November, 2009 and he is 2 in judicial custody presently. 3. It appears that offence has been registered on the basis of complaint lodged by complainant namely Lilabai Sukhdeo Dushing on 18th August, 2009 in respect of alleged robbery, which took place at her house on 18th August, 2009 and jwelary, mobile phone amounting to Rs.87,800/- were allegedly stolen from her house. 4. On the aforesaid background, learned counsel for applicant urged that very basis of arrest of applicant is on suspicion and the mobile phone which was allegedly recovered from custody of wife of applicant born IMEI No.358996013831320, whereas complainant's mobile phone which was allegedly stolen born IMEI No. 358996013831323, and therefore, there is discrepancies in both IMEI numbers. Learned counsel for applicant also canvased that alleged recovery of 55 gram of gold ingot was made at the instant of applicant under memorandum panchanama, but no receipt thereof was taken from Jeweler. It is further canvased by learned counsel for applicant that although the statement of 3 Jeweler namely Narayan Soni was recorded, he has not given any particulars and details of alleged ornaments allegedly sold by applicant to the said jeweler nor any receipt thereof is taken in custody by the police personnels at the time of investigation. 5. As regards the conviction inflicted upon applicant in S.T. No.692/2007 in Indore, learned counsel for applicant submits that applicant has preferred appeal against the said conviction and he has been granted bail by Madhya Pradesh High Court on 01.11.2009. 6. Learned A.P.P. opposed the present application vehemently and submitted that there is recovery of 55 gram of gold ingot amounting to Rs.65,800/- at the instance of applicant under memorandum panchanama which apparently connects applicant with the alleged offence. It is further canvased by learned A.P.P. that applicant possesses criminal background and he is resident of Madhya Pradesh, and therefore, his presence may not be ensured for trial, and therefore, submitted that criminal application be rejected. 4 7. On perusal of the investigation papers and after considering the rival submissions advanced by learned counsel for the parties, admittedly applicant was arrested on suspicion and on the basis of mobile phone recovered from the custody of wife of applicant and as mentioned hereinabove, there is discrepancy in the IMEI number thereof. Moreover, it also appears that there are discrepancies regarding recovery of 55 gram of gold ingot amounting to Rs.65,800/- at the instance of applicant under memorandum panchanama, since the statement of jeweler namely Narayan Soni does not disclose the particulars of gold ornaments sold to him allegedly by applicant as well as no receipt appears to have been taken by investigating machinery from the said jeweler. 8. In view of the aforesaid position, I am of the view that applicant has made out a case for grant of bail, since the investigation has been completed and charge sheet has been filed, and there is no propriety in keeping applicant in custody furthermore. As regards the grievance that applicant is resident of Madhya Pradesh, necessary conditions can be imposed 5 against applicant while granting bail to meet the said grievance. 9. In the result, present application is allowed and it is directed that applicant be released on bail in connection with C.R. No.168/2009 registered with Police Station, Chalisgaon, Dist.Jalgaon for the offences punishable under Sections 457, 380 of the Indian Penal Code, on furnishing local solvent surety from Jalgaon District in the sum of Rs.20,000/- and on executing the P.R. bond in the like amount on the following conditions :- (a) Applicant shall furnish his residential address at Indore, Madhya Pradesh. (b) Applicant shall attend the dates before concerned Court regularly and punctually. (c) Applicant shall not tamper with prosecution evidence and shall not influence upon the prosecution witnesses directly or indirectly. (SHRIHARI P. DAVARE) JUDGE gas/cri1107.10