1 Cri. A. No. 1092.10 +1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1092 OF 2010 IN CRIMINAL APPEAL NO. 120 OF 2010 Pinnu Bhartlal Jaiswal ... Applicant V E R S U S The State of Maharashtra ... Respondent ... Mr.Swapnil S.Rathi,Advocate for the applicant Mr.D.R.Korde,A.P.P.for the respondent­State ... WITH CRIMINAL APPLICATION NO. 1266 OF 2010 IN CRIMINAL APPEAL NO. 141 OF 2010 Kishor S/o Shekhar Pawar ... Applicant V E R S U S The State of Maharashtra ... Respondent ... Mr.Pavankumar S.Agrawal,Advocate for the applicant Mr.D.R.Korde,A.P.P.for the respondent­State .. CORAM : A.V. NIRGUDE, J. DATED : 01 st APRIL, 2010 PER COURT : 1] These two applications can be decided by this common order. The Criminal Appeals filed by both the applicants­appellants are already admitted. The applicants were convicted under section 412 of 2 Cri. A. No. 1092.10 +1 the Indian Penal Code, in Sessions case No. 98 of 2009 by the learned Additional Sessions Judge, Parbhani, vide his judgment and order dated 24 th February, 2010 . On going through the impugned judgment, it is found that the learned Additional Sessions did not accept the case of the prosecution, as far as the allegation about dacoity as against the applicants was concerned. The evidence that was proved against the applicants was that at their instance the stolen copper wire was recovered. The learned Additional Sessions Judge jumped to the conclusion that ‘since the applicants were charged for the offence punishable under section 395 of the Indian Penal Code, the recovery at their instance of the stolen articles would amount to offence punishable under section 412 of the Indian Penal Code’. He did not discussed the ingredients of section 412 of the Indian Penal Code at all. The applicants are sentenced to suffer five years imprisonment. The correctness of the impugned judgment and order is quite doubtful Therefore, the applicants deserve bail. 2] The applicants are released on bail on executing P. R. bonds of Rs.10,000/­ ( Rs. Ten Thousand) each with one surety each of the like amount. Pending the hearing and final disposal of the Appeals, the conviction and sentence passed by the learned Additional Sessions Judge­2 Parbhani in Sessions Case No.98 of 2009 shall stand suspended. Sd/­ (A.V. NIRGUDE, J.) MTK/ 3 Cri. A. No. 1092.10 +1