{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2026 OF 2010 Sanjay @ Sherya Opin Pimpale Age-39 years, Occ-Labourer R/o Kolpe Wadi, Tq-Kopargaon, Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through the Police Inspector, Zilla Peth Police Station, Jalgaon RESPONDENT ....... Mr.S.D.Joshi, Advocate for the applicant Mr.D.V.Tele, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 24th June 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail in connection with CR No.321/2009 registered with Zilla Peth Police Station, Jalgaon for an offence punishable u/s 395 of the Indian Penal Code, as the applicant is arrested on 12.04.2010. It is informed that in this offence, after {2} completion of investigation, charge sheet has been filed on 11th May 2010. 2. It appears that the said offence is registered on the complaint of one Damodar More, in respect of alleged incident of dacoity, which took place at his house in the night between 15th and 16th November 2009. It is alleged in the complaint that 5 unknown persons, who have covered their faces, forcibly entered in his house and stolen articles worth Rs.66,000/- including gold, diamond and silver ornaments along with one ATM card. It appears that as per the remand report of the applicant, the applicant was not a party or participant in the incident of dacoity. However, he is the person, as revealed in the interrogation, who have received the stolen property and assisted the docoits in disposing of the same. Thus, learned counsel for applicant has contended that the act alleged against the applicant does not cover as an offence punishable u/s 395 of the Indian Penal Code. Admittedly, during the interrogation, the real culprits are not yet traced. In the premise, and as the charge sheet is filed, it is not desirable to detain the applicant behind the bars for uncertain period. 3. In the result, the application is allowed. The applicant be released on bail on his furnishing local solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount, if not required in any other offence. The applicant is directed to {3} attend the Zilla Peth Police Station, Jalgaon on 15th and 28th day of every month till trial against him is finally disposed of. Prosecution is at liberty to apply for cancellation of bail if the condition is violated by the applicant. [A.V.POTDAR, J.] drp/B10/criapln2026-10