(1) CR.APP.723.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 723 OF 2009 Babasaheb S/o Dhondiba Waghmode, Age : 37 years, Occu.: Labour Contractor, R/o 100 ft Road, Mule Flat, Abhaynagar, Sangli, Dist. Sangli .. Applicant Versus The State of Maharashtra Copy to be served on G.P. High Court, Bench at Aurangabad .. Respondent Smt. S.S. Jadhav, Advocate for the Applicant Mr. N.B. Khandare, PP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 24TH JUNE, 2009 ORAL ORDER:- 1] The applicant is seeking bail in crime no. 204 of 2008 for offences punishable under section 395, 397, 457, 380 of the Indian Penal Code registered on 10.10.2008 at Sangamner City Police Station, Dist. Ahmednagar. (2) CR.APP.723.2009 2] The complainant alleged that during the night between 4th and 5th October, 2008 a dacoity took place at the godown of Sangamner Sahakari Sakhar Karkhana at Ghulewadi. Some of the dacoits were arrested on the spot red-handed. During the investigation it was revealed that main accused by name Kailas alias Govind, hired labour from Sangli district, brought them to Ghulewadi, arranged their residence and food and then in an organised manner, he plundered sugar bags from the godowns of the sugar factory. It is alleged that this operation was going on for a few days prior to 5.10.2008. It is also alleged that about 8000 sugar bags were stolen in various incidents of theft and dacoity. 3] It is alleged that the present applicant is a labour Contractor, who supplied labour to the main accused Kailas alias Govind alias Shivanand for the purpose of committing theft and dacoity. It is further alleged that the present applicant though a resident of district Sangli, frequently visited the (3) CR.APP.723.2009 places where the incident took place, for the purpose of not only supplying the labour, but also to take care of the labourers. It is alleged that the present applicant knew that the labour supplied by him were utilised for committing a ghastly crime. It is further alleged that applicant received various amounts from time to time for the help, he extended to the main accused. 4] It is apparent that the present applicant was part of the operation and knew fully well as to what was going on. The applicant was arrested in December, 2008 after his application for anticipatory bail was rejected in December, 2008 or thereabout. 5] The applicant is in jail for last more than six months. The investigation, as far as his role is concerned, is now over. Although, the case is of serious nature, I do not see any reason as to why the applicant should not be granted bail. (4) CR.APP.723.2009 6] The applicant is released on bail of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety in the like amount. The surety shall be resident of Ahmednagar district. The applicant shall attend Police Station at Sangli, on 2nd and 4th Sundays of every month, between 10.00 am to 11.00 am. 7] Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/24june9/cr723.09