- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.992 OF 2010 Rajusingh s/o Mayasingh Bawar and another ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.R. Bagal, Advocate for the applicants Mrs. Vaishali More, A.P.P. for respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 31st March, 2010 PER COURT : 1. Heard Mr. S.R. Bagal, learned counsel for the applicant as well as heard Mrs. Vaishali More, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant Nos.1 and 2 seeking regular bail in connection with C.R. No.201/2009, registered at Bhagyanagar Police Station, Nanded for the offence punishable under Section 395 of the Indian Penal Code and the - 2 - applicant No.1 was arrested thereunder on 28.7.2009 and applicant No.2 was arrested on 17.8.2009 and the applicants are under judicial custody presently. 3. It appears that, the complaint has been registered on the report lodged by complainant namely Dhananjay Hanmantrao Deshpande on 14/7/2009, alleging that during the intervening night between 13/7/2009 and 14/7/2009, he was sleeping in his house situated at Dasganunagar, Nanded, at about 3.45 to 4.30 a.m., about five unknown burglers entered into his house by opening the lock of gate, and their faces were covered and they threatened the complainant on the point of knife and robbed gold ornaments, cash, mobile phone, watches and motorcycle, worth Rs.1,13,000/- and fled away. 4. Admittedly, gold weighing 20 gms. and finger ring weighing 5 gms. were recovered at the instance of the applicant No.1 under his disclosure statement under Section 27 of the Evidence Act and one mobile handset was recovered at the instance of applicant No.2. However, statement of jeweller discloses that the ornaments were melted. Moreover, F.I.R. has been registered against unknown persons and no test identification parade has been conducted after the arrest of the applicants and, therefore, apparently, there is no nexus between the alleged - 3 - offence and the applicants herein. No criminal antecedents of the applicants, if any, have been put forth on record. Investigation has been completed and charge sheet has been filed. Hence, in view of the said position, there is no propriety in keeping the applicants in custody further more and applicants deserve to be enlarged on bail, imposing conditions upon them. 5. In the result, present application is allowed and it is directed that applicant Nos.1 and 2 be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing P.R. bonds in the like amount by each of them, on the following conditions : (i) The applicant Nos.1 and 2 shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. (ii) The applicant Nos.1 and 2 shall give attendance before Bhagyanagar Police Station, Nanded once in a month i.e. during first week of each month till the disposal of the trial. 6. The above observations are prima facie in nature and shall not be used in any other matter while deciding on merits. (SHRIHARI P. DAVARE, J.)