1 BA-1742-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1742 OF 2011 Rekha Papya @ Sanjay Kale ... Applicant vs. The State of Maharashtra ... Respondents Mr. Nitin Sejpal & Ms. Pooja Bhojne,Advocate, for the applicant. Mr.Y.M.Nakhwa, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th December, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.111/2007 registered with Virar Police Station, District Thane, for the offences punishable under Sections 395, 397 of IPC and under Section 3 read with Sec.25 of the Arms Act. 2. Prosecution case, in brief, is that on 5.5.2007 at 8 p.m., 20-25 youngmen in the age group of 25-30 years stormed in the jewellery shop of one Sureshkumar Jaiswal. They were armed with sticks, etc. Three of them first entered into the shop and began to assault the people who were present there. Thereafter others also came and broke open the show pieces and took away gold ornaments weighing about 913 grams. As per the price at that time, the value of 2 BA-1742-11.sxw the stolen property was Rs.8,10,680/-. After the incident, FIR was lodged by Sureshkumar and offence came to be registered under Sections 395, 397 of IPC and under the Arms Act against unknown persons. During the investigation, the present applicant was arrested. On 3.8.2007., she allegedly made a statement that some persons from the gang of dacoits, to which she belongs, had committed dacoity at Virar and they had given one gold Mangalsutra to her for selling. She had also stated that Mangalsutra was at her house and on the basis of that information it was recovered from her house. She also informed that said gang of dacoits had committed dacoity at several places and from time to time they had given gold ornaments to her for disposing of the same and she had sold the same to different people and accordingly ornaments and melted gold were recovered from different shopkeepers on 17.8.2007. 3. The learned Counsel for the applicant points out that as per the FIR, the dacoits were men. There was no female among the dacoits. The applicant is involved in this case on the basis of her confessional statement leading to discovery of Mangalsutra pertaining to this case. Other property does not pertain to the present case. According to her, in another case, in which the remaining property was recovered, she has been granted bail. According to him, for last about 4-1/2 years, trial has not commenced, not even charge is framed. 3 BA-1742-11.sxw 4. On perusal of the police papers, it is clear that the applicant was not among the dacoits at the time of commission of offence. She appears to be receiver of the property knowing that to be stolen property received in commission of dacoit. Therefore, it may be a case under Section 412 of IPC. The applicant is a woman and she is in custody for last more than four years and four months. Even though the investigation was completed and charge sheet was filed long back, charge is not so far framed. Taking into consideration these circumstances, in my opinion, it would be unjust to refuse bail to her merely because she was found in possession of one Mangalsutra, which she had received from the dacoits. 5. Therefore, the applicant be released on her executing P.R. of Rs.25,000/- with one or two sureties to make up the amount on condition that she shall not tamper with the prosecution evidence and also that she shall report at the Police Station Wardha, District Wardha as she is the permanent resident of Taluka Wardha, on 1st and 3rd Sunday of every month between 3 to 5 p.m. till end of the trial. (J.H.BHATIA,J.)