1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 588 OF 2010 1. Smt. Seeta Gajanan Koli 2. Smt. Manda Kashinath Koli 3. Smt. Saku Malhari Koli 4. Smt. Rukmini Koli 5. Smt. Chandrabhaga Tukaram Nakhwa 6. Smt. Rukmini Pandurang Perekar .. Applicants V/s The State of Maharashtra .. Respondent WITH CRIMINAL APPLICATION NO. 589 OF 2010 1. Tulshiram Laxman Nakhwa 2. Bama Maruti Koli 3. Laxman Budhaji Nakhwa .. Applicants V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. C.G. Gavnekar for the applicant. Mr. J.P. Kharge and Mr. K.V. Saste, A.P.P. for the State. 2 CORAM : D.G. KARNIK, J. DATE : 11TH FEBRUARY 2010 P.C. : 1. Heard. 2. By these two applications, the applicants, all of whom are sought to be arrested in connection with C.R. No. 3 of 2010 registered at Mandva Sagari Police Station, District Raigad, seek pre-arrest bail. 3. On 7th January 2010, an F.I.R. was lodged by Mrs. Renuka Ganesh Mhatre alleging therein that several persons gathered along with sticks and sickles, pelted stones on the house and vehicles of the complainant and other persons, entered the dispensary, saloon and medical stores belonging to the complainant’s family and damaged the property. It is further alleged that the persons made an attempt to kill the complainant and made their way by stealing the sums of Rs.5,000/- and Rs.1,50,000/- lying in the cash box and wooden cupboard, 7 tolas of 3 gold ganthan, 3 tolas of gold necklace, 2 tolas of gold chain, 5 gms. of gold ring, and 3 tolas of gold ganthan of Vandana Suresh Mhatre. In the F.I.R. 43 persons were named as the persons who had gathered and committed the robbery. 4. Mr. Gavnekar, learned counsel appering for the applicants, invited my attention to the remand report dated 9th January 2010 made by the police in respect of 6 accused persons. In para 9 of the remand report, the police has stated that cash of Rs.75,850/-, one gold ganthan of 7 tolas and one gold necklace of 3 tolas were found in the house of the complainant intact. This shows that prima facie part of the complaint is not true and/or there is an exaggeration of the amount and the goods stolen. In my view, similar exaggeration in respect of names of the persons, who had alleged to have been committed the crime, cannot be ruled out. It is difficult for a person to remember the names of all 43 persons, who 4 are alleged to have committed the crime, in a few minutes. Erroneous inclusion of few of the names cannot be ruled out altogether. It may also be noted that the 6 applicants in Criminal Application No.588 of 2010 are ladies. 5. Taking all this into consideration, in my view, the applicants can be granted conditional pre-arrest bail. Hence, I pass the following order: ORDER In the event the applicants in Criminal Application Nos. 588 of 2009 or the applicants in Criminal Application No. 589 of 2010 are arrested in connection with C.R. No. 3 of 2010 registered at Mandva Sagari Police Station, District Raigad, each of the applicants shall be released on bail on executing a personal bond of Rs.10,000/- with one surety of the like amount subject to the following conditions: (i) The applicants shall not interfere in the 5 investigation and shall not threaten the complainant or any of the prosecution witnesses. (ii) All the male applicants shall attend the concerned police station once a week on every Monday between 11.00 a.m. and 5.00 p.m. for a period of 6 weeks and cooperate with the investigation. They shall also attend the concerned police station as and when specifically summoned. (iii) All the female applicants shall attend the concerned police station if and when specifically summoned by the police. It is clarified that the summons shall be issued to attend the police station only in the presence of female police officers and only during the course of the day. 6 This order shall remain in force for a period of 8 weeks or till the charge-sheet is filed, whichever is later, whereafter the applicants may, if they so desire, apply for regular bail before the appropriate court. (D.G. KARNIK, J.)