{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.385 OF 2010 Panditsingh s/o Dharamsingh Juni Age-35 years, Occ-Labour R/o Old Railway Station, Shivaji Chowk, Parali, Dist-Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.M.N.Deshmukh h/f Mr.B.V.Shirwadkar, Advocate for applicant Mrs. Y.M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 23 rd February 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.32/2009 registered with Zilla Peth police station, Jalgaon as the applicant is arrested on transfer warrant on 04.05.2009 and after completion of investigation charge sheet has been filed on 20.10.2009 in the Court of JMFC, Jalgaon. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. {2} 3. The said offence is registered on the complaint of one Chaitram Bhangale on 01.02.2009 in respect of alleged dacoiety committed in his house at about 3.00 and 3.30 a.m. by 5 unknown persons, whose description is given in the complaint. It is alleged that during the said dacoiety cash of Rs.1,25,000/- and gold ornaments of Rs.9,60,000/- were looted. In the said complaint, the second part is in respect of alleged dacoiety committed in the residential premises of one Atinil Wagh. Though, the two houses are at some distance, yet joint statement of Mr.Bhangale and Mr.Wagh is recorded to the effect that if shown, they would identify the accused. It is also brought to my notice that there is one common Panchanama of the two spots. 4. After arrest, the applicant was produced for the TI Parade and was identified by Mr.Bhangale and not by Mr.Wagh. Nothing is recovered at the instance of the applicant, though he is under constant interrogation and in custody for more than 9 months. It is also brought to my notice that during the said incident one car of complainant Bhangale was also stolen by the said unknown persons, referred in the complaint. The said car was found abandoned. The finger prints found on the car does not match with the finger prints of the applicant. Though the applicant is arrested on 04.05.2009, there is no evidence to link him with the alleged offence, when the charge sheet is filed way back in the month of October 2009. Though it is alleged that there are criminal {3} antecedents to the credit of the applicant and the offence is serious, yet nothing is recovered during the investigation to link the applicant with the alleged offence, case is made out to enlarge the applicant on bail. 5. In the result, the applicant be released on bail in connection with CR No.32/2009 registered with Zilla Peth police station, Jalgaon on his furnishing surety in the sum of Rs. 20,000/- and on executing PR bond in the like amount. Applicant to report City Police Station, Beed on 16th and 24th of each month in between 3 and 5 p.m. till the trial against him is disposed of. [A.V.POTDAR, J.] drp/A10/criapln385-10