1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 168 of 2008 i) Amit Shripad Deshpande & Anr. ii) Anand Krupashankar Mishra .. Applicants versus State of Maharashtra .. Respondent Mr.H.S. Anand i/b Ms.Sarita Donde for the applicants. Mr.D.P.Adsule APP for the State. A N D CRIMINAL APPLICATION NO. 175 of 2008 i) Hardev Singh Ratipal Singh .. Applicant versus State of Maharashtra .. Respondent ... Mr.H.S. Anand i/b Ms.Sarita Donde for the applicants. Mr.D.P.Adsule APP for the State. CORAM : D.G.KARNIK, J 2 DATED : 26th February 2008 P.C.: 1. These two applications were heard and are being disposed of by this common order as they have been made by the co-accused in the same crime. 2. The applicants were arrested on 24th December 2007 in connection with the crime registered under C.R. No.205/07 at Daund police station which was initially registered u/s.396, 328 and 341 of the IPC. Subsequently, offence u/s.411 and 412 was added. 3. The prosecution case in brief is that 6 persons (who are not the present applicants) stopped a tanker carrying a chemical mono ethylene glycol near Basweshwar dhaba at village Mauje Malad, Taluka Daund by blocking it’s way by an Indica car. They abducted the cleaner and the driver and drove away the tanker containing the chemical. The driver was subsequently killed and committed dacoity of the tanker with the chemical. The chemical in the tanker was sold to different persons. Some quantity of chemical was allegedly sold to and purchased by the present applicants. The applicants are therefore 3 charged with an offence u/s.412 of the IPC. 4. The applicants are in custody since 24th December 2007 i.e. for a period of more than two months, out of which they were in police custody for nearly 10 days. Learned APP was however unable to point out any material to show that the applicants had purchased the chemicals with the knowledge that it was obtained by committing a dacoity. In the absence of knowledge, prima facie, offence u/s.412 is not made out. At the most, applicants can be charged with offence u/s.411 which is punishable with three years. 5. Taking an overall view of the matter and considering the material available on record, prima facie, I am of the view that applicants are not shown to be involved in an offence punishable with imprisonment for life or any higher offence. In the circumstances, applicants are entitled to a bail. Hence, I pass the following order :- O R D E R . Each of the applicants shall be released on bail on personal bond of Rs.25,000/- with two sureties of the like amount subject to the condition 4 that they shall not make any inducements nor give any threats to the prosecution witnesses and shall co-operate with the investigation and shall attend the concerned police station once a week between 5 p.m. and 7 p.m. on every Monday for a period of eight weeks and thereafter once a month between 1st and 5th day of British calendar month till the conclusion of the trial. . It is clarified that all observations made above are only prima facie and the trial court shall not in any way be influenced by them at the time of trial. (D.G. KARNIK, J)