1 crap4229.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4229 OF 2011 1 Laxman s/o Rangnath Parad, age 22 years, occ.service, r/o Karegaon, Tq. Shirur, Dist. Pune, 2 Vijay s/o Nivrutti Dalimbkar, age 37 years, occ. Service, r/o Babulsar Kd., Tq. Shirur, Dist. Pune ...Applicants (original accused) VERSUS The State of Maharashtra, through Police Station Officer, Rahuri Police Station, District Ahmednagar ...Respondent ..... Shri N.V.Gaware, advocate for applicants Shri D.R.Korde, A.P.P. for respondent ..... CRIMINAL APPLICATION NO. 4235 OF 2011 Kunal s/o Sham Choudhary, age 25 years,occ. Service & business, 2 crap4229.11 r/o Arihant Nagar, Jawahar Colony, Aurangabad, Tq. & Dist. Aurangabad ...Applicant VERSUS The State of Maharashtra, through Police Station Officer, Rahuri Police Station, District Ahmednagar ...Respondent ..... Shri V.B.Golewar, advocate for applicant Shri D.R.Korde, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 13th October, 2011 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose as well as heard learned counsel for the parties finally. 2 These are two applications preferred by the respective applicants therein, seeking regular bail in connection with C.R.No. I-261 of 2011, registered at Rahuri police station, 3 crap4229.11 District Ahmednagar, for the offences punishable under Sections 399 of the Indian Penal Code and under Sections 3/25 and 4/25 of the Arms Act. 3 It appears that the crime has been registered against the applicants and other co-accused persons on the basis of the complaint lodged by the Police Sub-Inspector, namely Mahavir Ramsing Parmar on 25.8.2011 in respect of the alleged occurrence of the incident at about 2300 hours on 24.8.2011. 4 It appears from the contents of the complaint that the applicants were allegedly found making preparation to commit the dacoity at the relevant time and recovery of one Nokia phone with idea sim card was allegedly made from the possession of applicant no.1 Laxman Rangnath Parad in Criminal Application No. 4229 of 2011 and recovery of one Nokia Mobile with Airtel sim card, as well as chilly powder in plastic packet from applicant no.2 Vijay Nivrutti Dalimbkar in Criminal Application No. 4229 of 2011, as well as recovery of one Samsung mobile with Vodafone sim card therein was made from the possession of the applicant Kunal Sham Choudhari in 4 crap4229.11 Criminal Application No. 4235 of 2011 in presence of the panchas. 5 Apparently, no weapons were recovered at the instance of the afore said applicants, but the alleged weapons, such as iron rod, wooden sticks and knives were allegedly recovered below the seat of Maroti Omni Vehicle bearing No. MH-14/CC-9347. 6 Moreover, it is pointed out that the applicants were arrested on 24.8.2011 and they have been in custody since last about more than 1½ months, and apparently, they were available for investigation purpose. Besides, it appears that the alleged recovery has been made at the time of afore said seizure and no weapons were recovered from the person of the applicants as afore said. 7 Hence, considering the facts and circumstances, apparently, there is no propriety in keeping the applicants in custody further more. Moreover, on inquiry with the learned A.P.P., he submitted that there are no criminal antecedents 5 crap4229.11 against the applicants in both the Applications. Hence, both the Applications deserve to be allowed, but on certain conditions. 8 In the result, Criminal Application Nos. 4229 of 2011 and Criminal Application No. 4235 of 2011 are allowed and applicant no. 1-Laxman Rangnath Parad and applicant No. 2- Vijay Nivrutti Dalimbkar in Criminal Application No. 4229 of 2011 and the applicant-Kunal Sham Choudhary in Criminal Application No. 4235 of 2011, are directed to be released on bail in connection with C.R. No. I-261 of 2011, registered at Rahuri police station, District Ahmednagar, on furnishing P.R. bond in the sum of Rs.15,000/- with one surety in the like amount, on the following conditions :- (i) The applicants in both the Applications shall give attendance before the concerned investigator once in a week i.e. on every Saturday between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation. (ii) The applicants in both the Applications shall not influence upon the witnesses and/or tamper with the evidence, 6 crap4229.11 in any manner whatsoever, directly or indirectly. 9 Both the Applications stand disposed of finally. 10 However, it is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding the same on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4229.11