1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5495 OF 2009 Mr.Sandeep Ghevarchand Nahar ...Applicant vs. The State of Maharashtra & Anr. ...Respondents Mr.D.P. Devadiya for the Applicant. Mr.J.P. Kharge, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 10, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence registered vide C.R.No.I-356/2009 punishable under Sections 394, 395, 412 of the IPC read with Sections 3 and 25 of the Arms Act. The applicant has been arrested on 14th November, 2009 and thereafter, he has been remanded 2 to judicial custody on 24th November, 2009. 4 The only allegation against the present applicant is that one of the accused had tried to sell the stolen property to the present applicant, however, the applicant did not accept the said property and told him that he is not dealing in electronic items. He, however, referred the said accused to one Purohit. No recovery has been made at the instance of the present applicant. 5 The learned APP, however, submitted that the Sessions Court in its order dated 4th December, 2009 has stated that some property came to be recovered from the present applicant. Therefore, it cannot be said that there is no material to show that any property has been recovered from the present applicant. This, however, is vehemently denied by the Counsel for the applicant. Since this is the only allegation against the present applicant and even assuming that the applicant had received 3 some stolen property as recorded by the learned Sessions Court, even then, further custodial detention of the applicant, in my view, is not necessary. The applicant, therefore, deserves to be released on bail. 6 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a week till the filing of the chargesheet and thereafter, once in a month. The applicant shall initially give cash bail of Rs.5000/- and within two weeks thereafter, he shall surety in the sum of Rs.5000/-. 7 Application is disposed of. 8 Parties to act on the authenticated copy of this order. (V.M. KANADE, J.)