1 Cr. Appln. 4390.2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4390 OF 2010 Sundar S/o Rajendra Thorbole Age : 24 years, Occ : Agri., R/o Gojwada, Tq. Washi, Dist. Osmanabad. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mrs. M.A. Kulkarni, advocate for applicant Mr. P.P. More, A.P.P. for respondent ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 25 th November, 2010. PER COURT : 1. This is an application for bail. 2. Heard learned Advocate and the learned A.P.P., and perused the investigation papers. 3. The applicant is arrested in connection with Crime No. 84/2010 registered at Neknoor Police Station for the offences punishable under Section 395, 397 r/w 34 of the Indian Penal Code. 4. The alleged incident is said to have occurred in the midnight of 20th July, 2010. Informant-Nilawati was in slumber at the relevant time. She heard that some persons were forcibly 2 Cr. Appln. 4390.2010 opening the window of the house. She was threatened to open the entrance door or else she would be killed by shot of pistol. She, therefore, opened the entrance door. She noticed that 10 persons barged in the house. She took her minor grand-daughter, by name, Pratiksha on terrace. The culprits assaulted her and forcibly took away her ornaments. The culprits also committed theft of Rs.5,000/- stacked in a canister along with mobile. They also removed some cash amount from the cupboard. The culprits have concealed their faces by tying cloth around their faces and they were between age group of 30 years. Only one of them was old aged person with white beard. He had put on Chadi and baniyan. 5. The applicant was arrested in connection with crime no. 88/2010 and during course of investigation of that crime, the recovery of Rs. 1000/- and Jeep vehicle was effected at his instance. 6. Upon hearing the learned Advocate and learned A.P.P., and after perusing investigation papers, it is manifest that no identifiable articles like ornaments were recovered. There is no identification parade held during the course of investigation. The recovery of Rs. 1000/- consisting of currency notes of Rs. 100/- denomination can not be regarded as sufficient prima facie evidence to implicate the applicant in the alleged crime. For, the 3 Cr. Appln. 4390.2010 currency notes are not identifiable properties, unless the serial numbers of such currency notes found to have been noted down by the complainant and tallies with the recovered currency notes. The use of Jeep vehicle is not shown in the F.I.R. nor there is otherwise corroboration and thus, therefore, recovery of the Jeep Vehicle is prima facie not evident in the alleged crime. Since the applicant is involved in another crime, he has been implicated in the present crime. It is necessary to put certain conditions while granting him liberty. 7. In the result, the applicant is directed to be released on bail, on his furnishing bail bonds in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand) with one solvent surety bond in the like sum to the satisfaction of the Court of Sessions and on further condition that he shall attend the Neknoor Police Station on each Sunday between 8 p.m. to 10 p.m. during the course of pendency of Sessions trial and shall report presence to the Police for each week. His failure to report the Police station for two consecutive weeks, may entail in cancellation of bail. 8. The copy of this order to be forwarded to the P.S.O. Neknoor, Dist. Beed. (V. R. KINGAONKAR) JUDGE gas/cri4390.10