(1) CR.APP.1790.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1790 OF 2009 Sachin S/o Mohan Pakhare, Age : 26 years, Occu.: Agri., R/o Tasgaon, Tq. Tasgaon, Dist. Sangli .. Applicant Versus The State of Maharashtra (Copy to be served upon G.P. High Court Bench at Aurangabad) .. Respondent Smt. S.S. Jadhav, Advocate for the Applicant Mr. N.B. Khandare, PP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 24TH JUNE, 2009 ORAL ORDER:- 1] The applicant is seeking bail in crime no. 204 of 2008 for offences punishable under section 395, 397, 457, 380 of the Indian Penal Code registered on 10.10.2008 at Sangamner City Police Station, Dist. Ahmednagar. (2) CR.APP.1790.2009 2] The complainant alleged that during the night between 4th and 5th October, 2008 a dacoity took place at the godown of Sangamner Sahakari Sakhar Karkhana at Ghulewadi. Some of the dacoits were arrested on the spot red-handed. During the investigation it was revealed that main accused by name Kailas alias Govind, hired labour from Sangli district, brought them to Ghulewadi, arranged their residence and food and then in an organised manner, he plundered sugar bags from the godowns of the sugar factory. It is alleged that this operation was going on for a few days prior to 5.10.2008. It is also alleged that about 8000 sugar bags were stolen in various incidents of theft and dacoity. 3] The allegation against the present applicant is that he was working as Manager of a restaurant by name 'Sunshine' which was taken for business by the main accused Kailas. It is also alleged that the present applicant arranged food for the labourers who in the night went for dacoity. It (3) CR.APP.1790.2009 is also alleged that the present applicant deposited various amounts in the accounts of the other accused who are the accomplices. The applicant was also identified as the person who managed the restaurant as well as who hired residential rooms at Ghulewadi, where he allowed the labourers to stay. 4] In view of the large scale operation of this crime, it is apparent that the applicant knew what was going on and he was party to the crime. I am told that the applicant was arrested rather belatedly on 6.3.2009. So also, the main accused Kailas alias Govind was arrested on 8.5.2009. The applicant is in custody since last more than 3 months. The investigation in respect of his role and the roles of the other accused, in which he had played crucial part, is over. 5] The application for bail is vehemently opposed, not only by the learned Public Prosecutor but by Shri R.N. Dhorde, who is appearing for the complainant-sugar factory. I quite see the keenness (4) CR.APP.1790.2009 to oppose the bail application; but no fruitful purpose would be served, if the present applicant is denied bail and detained further. The bail is opposed also because there is apprehension that, if released on bail the applicant would never come back and would not be available for trial. But this alone cannot be the reason, to deny bail to the applicant. 6] The applicant is released on bail of Rs.1,00,000/- (Rs. One Lac) with one solvent surety in the like amount. The surety shall be resident of District Ahmednagar. The applicant shall attend Tasgaon Police Station, on every Sunday between 10.00 am to 11.00 am. 7] Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/24june9/cr1790.09