1 Cri-A-4781-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.4781 OF 2010 Tanhaya Hastimal Kale ... Applicant/accused Vs. State of Maharashtra ... Respondent Mr Nebojyoti Talukdar,Advocate, for the applicant Smt. R.V.Newton, APP, for the respondent. CORAM: J.H.BHATIA,J. DATE : 11th January, 2011. P.C. 1. The applicant, who is arrested in Crime No.97/2010 by Shirur Police Station for the offence under Sec. 395 IPC, seeks bail. 2. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers. 3. Prsecution case in brief is that during the night between 19.3.2010 and 20.3.2010 at about 12.30 a.m. the complainant Kalpana Bhagwat Kalaskar woke up and found that one unknown person having tied a muffler on his face was in the house. When she asked as to who he was, the said person threatened with 2 Cri-A-4781-10.sxw sword and asked her to keep quiet. His companion asked about her mobile and also keys of the cupboard. Having secured the keys under threat, they removed the gold ornaments and cash. Property worth Rs.68,800/- was taken away by the culprits. As per the FIR, two persons were involved in the commission of crime. 4. On the basis of information given by the present applicant, the ornaments of this case and another case were recovered from a goldsmith. The ornaments were identified by the complainant. 5. Whether Section 395 IPC is applicable or not may be looked into by the trial Court because as per the FIR only 2 persons were involved in the commission of offence. However, it appears that the gold ornaments stolen away from the house of Kalpana were recovered and were also identified by Kalpana. The accused was also identified by the witnesses during test identification parade. The applicant is also involved in another similar case. 5. In view of the above circumstances, in my opinion, if the accused is released on bail, he may either abscond or may indulge in similar activities. Therefore, it is not desirable to grant bail to him. 3 Cri-A-4781-10.sxw 6. Therefore, the application stands rejected. However, the trial Court shall expedite the trial and dispose of the case as early as possible, and preferably within six months from this day. (J.H.BHATIA,J.)