1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.309 OF 2010 Ganpat S/o.Papa Kale, Age-45 years, Occu-Labour, R/o.Andhora, Tq.Kallam, Dist. Osmanabad APPLICANT VERSUS The State of Maharashtra, Through Police Station, Taluka Jalna RESPONDENT Mr.B.R.Sontakke-Patil, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 04/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.36/2005, wherein at the time of filing of charge sheet, the applicant was shown as absconded, but now shown as arrested 7 months back, and since then is in custody. 2. Heard learned counsel for applicant followed by the submissions of learned APP for State. 3. Considering the submissions across the bar, one fact is clear that even though the present applicant is shown as absconded accused, in connection with CR No.36/2005, what steps were taken to secure the presence of applicant accused, no record is coming 2 before this Court to that effect. As against this, the record is produced by the applicant that he is a labourer, his name is included in the voters list and he was taking treatment in the same village. If this record is to be believed, then the record showing the applicant as an absconded accused, can not be accepted. 4. The applicant is behind bars since list 7 months and the remaining accused are on bail. Apart from it, considering the allegations about the role of the present applicant is when the truck carrying incriminating articles for the preparation of dacoity punishable u/s. 399 r/w. 402 of IPC, was intercepted two persons were ran away from the spot, out of which applicant is one. Other than this statement, no incriminating circumstances against applicant. 5. Considering this aspect, case is made out to enlarge the applicant on bail with certain conditions. Hence order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant to attend Jalna Taluka Police Station twice a month, on each 14th and 28th day, in between 12.00 noon to 3.00 p.m. till commencement of trial. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.309-10