1 Cri.A.2560.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2560 OF 2011 Shaikh Kausar S/o Sk. Amir Age : 42 Years, Occup. Labour, R/o Vaitagwadi, Tq. Selu, District Parbhani. ...APPLICANT. VERSUS 1) The State of Maharashtra, and another ...RESPONDENTS. ... Shri.P.R.Adkine, Advocate for Applicant. Shri.N.H.Borade, A.P.P. for Respondents. ... CORAM: T.V.NALAWADE, J. DATE : 14TH JULY, 2011. PER COURT : 1. This application is filed for bail, in Crime No. 140 of 2008, registered with Selu Police Station, Selu, Tq. Selu, District Parbhani, for the offence punishable under sections 395, 427 read with section 34 of the Indian Penal Code. Papers of investigation were made available by the APP. Both sides are heard. 2 Cri.A.2560.11 2. Crime is registered on the basis of report given by one Rajendra Gopal Karwa. He is owner of factory, where there were machinery of ginning and pressing. The incident took place on the night of 16.08.2008 and 17.08.2008 and the watchman informed that on that night thieves committed theft of the copper wire of transformer, some articles, mobile handset and cash amount of Rs.2500/-. Value of the stolen property was 3.56 lakhs. 3. APP was asked to see some evidence collected against present applicant. The incident took place on aforesaid date, but applicant came to be arrested on 02.03.2011. There is no evidence in respect of recovery of stolen property or evidence of identification. Papers of investigation shown to the Court do not show that such kind of evidence is collected against present applicant. There is possibility that one accused had disclosed the name of the present applicant. Some recovery was made from Shahu Pawar, as per papers of investigation. It appears that in the Sessions Court present applicant had produced the record like residential certificate issued by Municipal council and identify card issued by the Factory. Thus, there is record to show that he is permanent resident of Selu and there is no possibility of his absconding. 3 Cri.A.2560.11 4. In view of this circumstance, this Court holds that it is fit case to grant bail. So, application is allowed. (i) The applicant in Crime No. 140 of 2008, registered with Selu Police Station, Selu, Tq. Selu, District Parbhani, for the offence punishable under sections 395, 427 read with section 34 of the Indian Penal Code be released on bail on his furnishing PR and SB of Rs.15,000/-(Rupees Fifteen Thousand) on conditions that- (a) The applicant shall attend the concerned Court regularly. (b) The applicant shall not tamper with the prosecution witnesses . Sd/- [ T.V.NALAWADE, J.] MTK