(1) Cri. Application No. 3725 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3725 of 2011 Siddeshwar s/o. Balasaheb Murkute, Age : 25 years, Occupation : Labourer, R/o. Sirsam, Taluka : Gangakhed, .. Applicant District : Parbhani. (Original accused) versus The State of Maharashtra, Through Police Station Officer, Railway Police Station, Parli-V. .. Respondent. ....................... Mr. Yuvraj V. Kakade, Advocate, for the applicant. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 22ND SEPTEMBER 2011 (2) Cri. Application No. 3725 of 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and also heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking regular bail in connection with Crime No. 3/2011, registered at Railway Police Station, Parli-Vaijnath (District : Beed), for the offence punishable under Section 397 of Indian Penal Code. 3. The offence has been registered on the basis of the complaint made by the complainant, namely, Ashok s/o. Sangram Kendre, on 23rd January 2011, alleged that when he was travelling by Parli-Purna passenger, on 22nd January 2011, and when the said train left Gangakhed Railway Station, two unknown persons assaulted him by kick and fist blows, and on the point of knife, threatened him and extracted amount of Rs. 950/- from his pocket, and thereafter, threw the complainant out of the emergency window from running train, with the intention to kill him. (3) Cri. Application No. 3725 of 2011 4. During the course of investigation, statements of witnesses have been recorded, out of which, statements of Shaikh Sajid s/o. Shaikh Majid and Mohd. Jahir Iqbal s/o. Mohd. Jamir, are apparently, incriminating against the applicant, and robbed amount of Rs. 470/- was recovered from the applicant herein. Moreover, apprehension is posed that if the applicant is enlarged on bail, he may misuse the liberty granted to him and he may jump the bail. It is also submitted that three other crimes have been registered against the applicant viz. (i) C.R. No. 72/2004, for the offences under Sections 498 and 323 of IPC, (ii) C.R. No. 84/2006, for the offences under Sections 447, 323, 504, 506 read with Section 34 of IPC, and (iii) C.R. No. 26/2010, for offence under Section 394 read with Section 34 of IPC. 5. In the said context, learned Counsel for the applicant submits that the applicant has been acquitted for the offence under Section 394 read with Section 34 of IPC, in C.R. No. 26/2010 (accused no.2 therein), by the judgment and order dated 19th July 2011, and produced the certified copy thereof which is marked at document "X" for identification. It is also canvassed, on instructions, by the learned Counsel for the applicant, that settlement has taken place between the parties in C.R. No. 72/2004. (4) Cri. Application No. 3725 of 2011 6. It is apparent that the investigation has been completed and charge sheet has been filed, and therefore, there is no propriety in keeping the applicant in custody furthermore. Moreover, out of the aforesaid three C.Rs., as canvassed by the learned Counsel for the applicant, applicant has been acquitted in one C.R. and settlement has taken place between the parties in another C.R., as aforesaid. Besides, it is pointed out that the applicant was arrested in the present crime on 14-5-2011, and he has been in custody since last about four months, and the investigating agency has not conducted test identification parade in respect of the applicant, for the reasons best known to the said agency. As regards the apprehension posed by the learned APP, certain conditions can be imposed upon the applicant, while granting bail. 7. Learned Counsel for the applicant has produced property register extract of the landed ancestral property in the name of his father in respect of Property No. 122, at village Shirsam (Taluka : Gangakhed, District Parbhani), and also produced the 7/12 extract of Gut No. 73 at village Shirsam, and canvassed that the applicant has roots in the society. Both the said extracts are taken on record and marked at document "X-1" (5) Cri. Application No. 3725 of 2011 collectively for identification purpose. 8. Having survey of the totality of the facts and circumstances, the applicant deserves grant of bail, but on certain conditions. 9. In the result, present Criminal Application is allowed and it is directed that the applicant, namely, Siddeshwar s/o. Balasaheb Murkute, be released on bail, in connection with Crime No. 3/2011, registered at Railway Police Station, Parli- Vaijnath (District : Beed), on furnishing P.R. Bond in the sum of Rs. 20,000/- with one surety in the like amount, on following conditions : (i) After release on bail, the applicant shall give attendance before the concerned Police Station, once in a month i.e. on 5th day of each month, between 04.00 p.m. to 07.00 p.m., till disposal of the trial, and (ii) Applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. (6) Cri. Application No. 3725 of 2011 10. Present Application is disposed of finally. 11. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3725