1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1478 OF 2010 Sanjay Laxman Chavan and others. ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.U.P. Kale-Wayal, Advocate for applicants. Mr.S.G. Nandedkar, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 4th May, 2010. PER COURT : 1. Heard Mr.U.P. Kale-Wayal, learned Counsel for applicants and Mr.S.G. Nandedkar, learned A.P.P. for respondent. 2. This is an application preferred by applicant nos.1 to 4 seeking bail in connection with C.R. No.I-8/2010 registered with Karjat police station, Dist.Ahmednagar for the offences punishable under Sections 395 and 420 of Indian Penal Code, since applicants were arrested thereunder on 12th January, 2010 and they are in judicial custody presently. 3. It appears that offence has been registered 2 on the complaint lodged by one Mr.Yogesh Hari Kulkarni on 11.01.2010 alleging that at the relevant time he was serving at Vitners Pvt. Limited, Nashik and he got introduced with a Sagar Pawar, who was working as a cleaner of one truck. It is also alleged that at the instance of Sagar Pawar, he visited his place at Daku Nimgaon, Tq.Karjat. Complainant also gave his mobile number and he also took the mobile number of applicant and applicant used to call on the said mobile phone. It is further alleged that on 18.12.2009 at about 9.00 a.m., complainant received telephone call from said Sagar Pawar on his mobile stating that he is having one kg gold and he is ready to sell it at the rate of Rs.13,000/- per tola and asked the complainant to come at village Daku Nimgaon. Thereafter said Sagar Pawar used to call on complainant and used to ask the complainant to procure an amount of Rs.5,00,000/- so that he would give one Kg. of gold to the complainant. Due to the continuous insistence by said Sagar Pawar, complainant believed in him. 4. It is further alleged that on 11.01.2009 at about 7 a.m. when complainant was in his house at Nashik, he received message from said Sagar Pawar and the said Sagar Pawar gave offer to the complainant that he would give gold at the rate of Rs.13,000/- per tola and asked the complainant to procure money therefor and also asked him to come near Vitbhatti, Patewadi, Tq.Karjat, Dist.Ahmednagar. Accordingly, complainant stated to said Sagar Pawar that he would 3 arrive at the said place along with amount of Rs. 2,50,000/-. Thereafter Sagar Pawar disconnected the said telephone call. 5. Thereafter, it is further alleged that complainant along with his friend Vaibhav Subhash Kasliwal started from Nashik in Alto Maruti Car together with cash of Rs.2,50,000/- and reached near Patewadi Shiwar and they found that Sagar Pawar and his parents were waiting there and therefore, applicants parked their car at the side of road. However at the said time, suddenly 3-4 women and 8 to 10 men arrived at the spot and assaulted complainant and threatened them and robbed cash amount of Rs. 2,50,000/-, two mobile phones worth Rs.12,000/- and one ring of half tola gold worth Rs.8,000/-, totaling Rs.2,70,000/-. It is further alleged that at that time the complainant found three male and one female, who tried to run away from the said spot but the Police Personnel chased after them and caught hold of them and the complainant stated that he identified them and the said persons have assaulted them namely (1) Saitasha Shabu Pawar, (2) Sanjay Laxman Chavan, (3) Indraja Raju Nausha Kale, (4) Sau.Lata Sanjay Chavan i.e. applicants herein. 6. On the aforesaid background, learned counsel for the applicants submitted that applicant nos.1 and 2 are the labourers and although investigation has 4 been completed and charge sheet has been filed, prosecution has failed to link applicants with the alleged crime. It is further submitted that there is absolutely no incriminating evidence against applicants to connect them with the alleged crime. It is also canvassed by learned counsel for applicants that applicants are not at all concerned with the persons belonging to Paradhi communities, who allegedly arrived on the spot and assaulted complainant. Hence, it is submitted that since investigation has been completed and charge sheet has been filed, therefore, there is no propriety in keeping the applicants in custody furthermore. Therefore, they be released on bail. 7. Learned A.P.P. opposed the present application vehemently and submitted that an amount of Rs.13,000/- was recovered from the applicants. It is further canvassed that main culprit namely Sagar Pawar is still absconding and therefore, it is submitted that, present application filed by applicants be rejected. It is further canvassed by learned A.P.P. that the complainant identified the applicants on the spot who tried to run away from the said spot but the Police Personnel chased after them and caught hold of them. Therefore, applicants are very well connected with the said crime. Hence, it is urged that present application be rejected. 8. On perusal of the investigation papers and 5 considering the rival submissions advanced by learned counsel for the respective parties, although the amount of Rs.13,000/- was recovered from applicant no. 2 apparently prosecution has failed to link the said amount of Rs.13,000/- with the alleged robbed amount of Rs.2,50,000/- during the occurrence of incident. Moreover, the investigation has been completed and charge sheet has been filed, but apparently, prosecution has failed to collect the incriminating legal evidence at least against applicant nos.1, 3 and 4. Apart from above, alleged recovery of Rs.13,000/- from applicant no.2 which apparently can not be linked with the robbed amount of Rs.2,50,000/- as aforestated. Moreover, no criminal antecedents of the applicants have been pointed out by the prosecution. 9. In the circumstances, since investigation has been completed and charge sheet has been filed, there is no propriety in keeping the applicants in custody furthermore and therefore, they are entitled to be released on bail on certain conditions. 10. In the result, criminal application no. 1478/2010 is allowed and it is directed that applicant nos.1 to 4 be released on bail in connection with C.R. No.I-8/2010 registered with Karjat police station, Dist.Ahmednagar for the offences punishable under Sections 395 and 420 of Indian Penal Code, on furnishing surety in the sum of Rs.15,000/- each and on executing the P.R. bond in the like amount by each 6 of them, on the following conditions : (a) Applicant nos.1 to 4 shall attend the concerned Police Station once in a month i.e. during first week of each month till conclusion of trial. (b) Applicant nos.1 to 4 shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. (SHRIHARI P. DAVARE) JUDGE gas/cri1478.10