1 CRI.APPLN.NOS. 147/2011 with 31/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.147/2011 (Manik s/o Jarmalya Kale Vs. The State of Mah.) WITH CRIMINAL APPLICATION NO.31 OF 2011. (Santosh s/o Laxman Kale and Ors. Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.Sadhana S Jadhav, Adv. for applicant (in Cri.Appln.147/2011) Mr.AS Usmanpurkar, Adv. for applicants (in Cri.Appln.31/2011) Mr.VH Dighe, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 31 st January, 2011. ... 1) Heard both the learned Counsel for the respective applicants. 2) Complainant Vitthalrao Raibhan Dahibhate on 4.8.2010 – informed the police about dacoity at his house by unknown persons in a muffled situation, giving rise to registration of Crime No.88/2010, against such 7 to 8 unknown persons. The applicants/accused were arrested on 16.8.2010 and accused ManiK was arrested on 17.8.2010. 3) In an identification parade held on 4.10.2010, two witnesses, viz.Achyut Ganpat Bhumbar and Madhukar allegedly identified the accused/applicants- Manik, Anna, Daulat and Santosh. 4) The learned APP submits that the accused have criminal record and they are habitual offenders. However, the learned APP is unable to point any pending case or disposed of case against any of the applicants/accused. 5) Recovery of Rs.5,000/- from Manik and above identification, at this stage, would not further require his custody since charge sheet is filed. Recovery of motor-cycle used in commission of 2 CRI.APPLN.NOS. 147/2011 with 31/2011 the offence from accused Anna with knife and also from Santosh will not entitle them to be released on bail, even if charge sheet is filed. 6) In the result, accused/applicant Manik s/o Jarmalya Kale and – applicant/accused Daulat s/o Keshav Kale, be released on – their each furnishing PR bond and surety in the sum of Rs. 20,000/- (Rupees twenty thousand) in connection with Crime No. 88/2010 registered at Ghansavangi Police Station, District Jalna. After release, the applicants/accused shall attend the Investigator on every alternate Sunday between 3.00 p.m. to 8.00 p.m. till 30th November, 2011 and shall scrupulously attend the trial. 7) Criminal Application of other accused/applicants rejected. (K.U.CHANDIWAL) JUDGE bdv/