1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.426 OF 2010 1. Amitab S/o.Swastik Chavan, Age­22 years, Occu­Agriculturist, 2. Gafal S/o.Ashok Bhosale, Age­23 years, Occu­Agriculturist, Both are R/o.Hanadgaon, Tq.Gangapur, Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.A.M.Gaikwad, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 15/02/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with Crime No.I­133/2009, registered in Ahmednagar Taluka Police Station wherein they came to be arrested in the evening of 26/08/2009, wherein after completion of investigation, charge sheet was filed on 09/11/2009, and thereafter the case was committed to the Court of Sessions and was numbered as Sessions Case No.240/2009, and now waiting for its turn of trial in the Sessions Court, Ahmednagar. 2 2. Heard learned counsel for applicants followed by the submissions of learned APP appearing for State. It is not under dispute that the said offence came to be registered on the complaint of one Govind Bhau Pund, who was working as a Watchman in the bungalow owned by the American couple, who were devotees of Meherbaba, and having property at Aarangaon. Alleged incident took place on 26/08/2009, around 3.00 a.m., where the complainant styled himself as Watchman, woke up from sleep on hearing some noise and saw two persons fled from the bungalow. He tried to chess them, but unable to stop. He gave shouts for help to his masters and when he entered in the bungalow, he saw that the masters were lying in the injured condition in their bedroom. Accordingly the matter was informed to the trustees who came there and then the complaint came to be lodged. This incident took place at Aarangaon, Tal. Ahmednagar. It appears that on the same day evening, these applicants came to be arrested from Gangapur on suspicion. It is urged across the bar that since their arrest, till filing of the charge sheet or thereafter, they were not produced in the identification parade as the offence came to be registered against the unknown persons. Likewise, nothing incriminating material is recovered at their instance. These facts are not contradicted by learned APP appearing for the State. If the offence is registered against the unknown persons and even though they are in custody for more than 6 months, but not produced in identification parade, itself vital to the case of prosecution. Merely because the applicants are from Pardhi community, their liberty can not be curtailed without any legal 3 reasons. Case is made out to enlarge the applicants on bail. Hence order : O R D E R 1. Application is allowed. 2. Both the applicants be released on bail on furnishing surety in the sum of Rs.10,000/­ each and on executing PR bond in the like amount. 3. After released on bail till disposal of trial, both the applicants to give attendance twice a month, on each 16 th and 24 th day in between 2 to 4 p.m. at Ahmednagar Taluka Police Station. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.426­10