1 Cri.A.4804.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4804 OF 2011 1. Manchak S/o Somnath Pawar, 2. Santosh @ Gangaram S/o Narayan Bhosle, Both R/o Kamlapur, Tq. Purna, Distraict Parbhani. ...APPLICANTs. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri B.S.Kudale,Advocate for Applicants. Shri.D.R.Kale,A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 09.12.2011. PER COURT : 1. Heard learned counsel for both the sides. 2. Perused the Charge-sheet. The applicants are arrested in connection with Crime No.I-144 of 2011 registered with New Mondha Police Station Parbhani. According to the complainant, certain unknown persons entered his house and committed house breaking, took away cash and gold neckless weighing about 35 grams. 2 Cri.A.4804.11 3. Learned Advocate for the applicants submitted that there is no material against the applicant NO. 2 to link him with alleged crime. He further submitted that bail be granted to applicant NO.2. 4. So far applicant No. 1 Manchak is concerned, he submitted that no doubt, according to prosecution said neckless is recovered at the hands of present applicant and that the prosecution has shown the said neckless to the owner thereof i.e. Mrs. Lalita Bhole and she has identified the same. 5. Learned Counsel for the applicants submitted that the applicant No.1 has made out the case for bail on the ground that even if it is accepted that he has received the stolen property that would not attract the provisions of house breaking or dacoity. 6. Learned APP for respondent-State opposed the bail application contending that nexus between the 3 Cri.A.4804.11 applicant No.1 and occurrence is established on account of recovery of neckless and identification of the same by Mrs. Bhole. 7. Having considered the rival submissions and having noted that the only material in the nature of recovery of neckless,identified by Mrs. Bhole cannot be a ground to reject the application of applicant No.1. There is no material to link applicant No.2 with the crime alleged. The applicants can be released on bail on stringent conditions. Hence, following order is passed. (i) The Bail application is granted. (ii) Each of the applicant is ordered to be released on bail, in connection with Crime Crime No. I-144 of 2011 registered with New Mondha Police Station Parbhani. Each of the applicant shall be 4 Cri.A.4804.11 released on bail in the sum of Rs.15,000/-(Rupees Fifteen Thousand) with one surety in the like amount. Each of the applicant shall execute P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand). (ii) Each of the applicant shall report the concerned Police Station on every second Saturday between 11.00 p.m. to 4.00 p.m. till 31.07.2012. Sd/- [ R.Y.GANOO, J. ] MTK