IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.3399 OF 2008 CRIMINAL APPLICATION NO.3399 OF 2008 CRIMINAL APPLICATION NO.3399 OF 2008 Yuvraj Hiraman Kakade & Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.S.S.Patwardhan for the applicants. Ms.A.T.Javeri for the respondent-State CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. DATED: 7.10.2008 DATED: 7.10.2008 DATED: 7.10.2008 P.C.: P.C.: P.C.: . Heard Mr.Patwardhan, learned counsel for the applicants and Ms.Javeri, learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in C.R.No.283 of 2008 of Loni Kalbhor police station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 380 and 457 of IPC. It is on the allegations that on 19.8.2008 at about 3.00 a.m. in the morning, the wife of the complainant had gone for answering nature’s call when she found that a lock of the shop was broken and the door was opened. She also claims, as stated by the complainant in the FIR, that she saw the applicants getting out of the shop. She immediately called the complainant and informed him about the incident. The complainant immediately checked the shop and found that a gold necklace of Rs.22,500/- and a cash of Rs.17,500/- was stolen away from the shop and hence he lodged the complaint against the applicants. It appears that the accused also had lodged a criminal complaint against the Uncle of the complainant earlier bearing C.R.No.69 of 2008 for an offence punishable under sections 307, 326, 143, 147, 148, 149, 504 and 506 of IPC and also under the provisions of the Arms Act and the Bombay Police Act. It is against this backdrop I heard Mr.Patwardhan, learned counsel for the applicants, who submitted that the applicants to show their bonafides and without prejudice to the rights and contentions and without admitting the allegations are prepared to deposit an amount of Rs.40,000/- with the court of Judicial Magistrate, First Class, Pune. Having regard to the submissions of learned counsel and to overall facts and circumstances of the case I am inclined to grant this application for anticipatory bail and hence I pass the following order: . In the event of arrest, the applicants to be enlarged on bail in the sum of Rs.25,000/- each with one or two sureties to make up the said amount subject to the condition that the applicants shall report to the concerned police station everyday till 20th October, 2008 between 6.00 p.m. and 7.00 p.m. and thereafter as and when called. The applicants shall deposit the amount of Rs.40,000/- with the Court of Judicial Magistrate, First Class at Pune either by Demand Draft and Banker’s cheque issued in favour of the Chief Judicial Magistrate at Pune. The trial Court shall pass appropriate orders insofar as this amount is concerned while disposing of the case against the applicants. It is needless to express that till such time the Chief Judicial Magistrate shall issue appropriate orders and invest the said amount in fixed deposit. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with it without being influenced by the observations made in this order. . The parties to act on an copy of this order duly authenticated by the Registry of this Court. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)