1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1433 OF 2010 Deorao S/o.Vishwanath Kamble, Age-23 years, Occu-Labour, R/o.Mhada Colony, Latur, Dist. Latur APPLICANT VERSUS The State of Maharashtra RESPONDENT Mrs.S.S.Jadhav, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 07/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.18/2010, registered in Loha Police Station of Dist. Nanded, for the alleged offence punishable u/s. 341, 394 of The IPC, in which the applicant came to be arrested on 24/02/2010, and after completion of investigation, charge sheet was filed on 21/05/2010 in the Court of J.M.F.C. Loha, Dist. Nanded. 2. Heard learned counsel for applicant followed by the submissions of learned APP appearing for State. Also perused the 2 papers of investigation. 3. This FIR was registered on the basis of complaint lodged by one Shankar Baburao Chavan, driver of tempo bearing no.MH-24/J 5910 about the road robbery of cash in the sum of Rs.1,55,000/-. The tempo driven by the complainant alongwith driver Nagorao Suryawanshi were returning from Nagpur, after delivery of fruits and collecting the sale proceeds of the said fruits in the sum of Rs. 1,55,000/-. On their way, driver Nagorao contacted with somebody on mobile. After the tempo crossed the check post, then the tempo was stopped for some time and when it proceeded for one and half km, they noticed that the tempo was chessed by one motor bike, on which two persons were sitting. The tempo was intercepted by these persons, and they asked the tempo driver to alight from the tempo, thrown chilly powder in the eyes of complainant and snatched the bag containing Rs.1,55,000/- and ran away. Nagorao Suryawanshi was told to chess the said tempo by him, but inspite of repeated request, there was no proper chess and the two persons ran away alongwith the bag containing cash. 4. After the complaint was lodged, within some hours, at the instance of driver Nagorao, the motor bike was traced alongwith those two persons by name Arun Shinde and the present applicant. During house search of Nagorao, cash in the sum of Rs.1,55,000/- was recovered. According to him, he do not know the present applicant. 3 5. According to learned counsel appearing for the applicant, the only fault on the part of applicant is that he accompanied Arun Shinde on his motor-bike, who allegedly snatched the bag containing cash, which cash was recovered during the house search of driver Nagorao. Even though the present applicant was arrested in the afternoon of 24/02/2010, nothing was recovered at his instance. Neither he was known to the complainant nor to the Nagorao. In the premise, as no active role is played by the present applicant, he be released on bail, as now the investigation is over and charge sheet is filed. 6. Learned APP opposed the bail application, as according to him, nature of offence is very serious. 7. Papers of investigations clearly discloses that nothing was recovered at the instance of present applicant. The evidence against the present applicant is that he accompanied Arun Shinde, while he chessed the tempo on motor bike. It is also a fact that whether the present applicant is having knowledge about the conversation, which allegedly took place between Nagorao Suryawanshi and Arun Shinde. Absolutely the evidence is silent on this point. In the premise, case is made out to enlarge the applicant on bail, 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. 4 3. After released on bail, the applicant accused, not to leave local jurisdiction of Latur Police Station without prior permission in writing from the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1433-10