cra2810.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2810 OF 2011 Anil s/o Nandu Pawar, Age-22 years, Occu:Agriculture, R/o-Shirasgaon, Tq-Shrirampur, Dist-Ahmednagar. ...APPLICANT. VERSUS 1) The State of Maharashtra, Through Taluka Police Station, Shrirampur, Dist-Ahmednagar, 2) The Superintendent of Police, S.P.Office, Ahmednagar. ...RESPONDENTS. ... Shri.R.B. Narwade Patil Advocate for Applicant. Shri.B.J. Sonawane, A.P.P. for Respondents. ... CORAM: T.V. NALAWADE, J. DATE : 8TH AUGUST, 2011 cra2810.11 2 PER COURT : 1. This Application is filed for bail in C.R. No.I-43 of 2011 registered in Shrirampur Police Station, Dist-Ahmednagar, for the offences punishable under Sections 395, 342, 504, 506, 397 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Appasaheb Shinde. He has contended that 7 to 8 thieves entered in his house in the night time in the night between 21st and 22nd April, 2011. They were armed with weapons like sword, gupti and they assaulted the complainant and his family members. They took the cash amount of Rs.20,000/-, gold ornaments and some record from his house. He gave description of these persons in his report as regards their height and built but they had covered their faces cra2810.11 3 by using pieces of clothes. 3. The papers of investigation show that some cash amount, one gold ring and one mobile handset came to be recovered from the Applicant. He was also having one motorcycle, but these articles are not said to be the articles of the complainant or his family members. Police papers do not show that the Applicant or the articles recovered from him were identified by the witnesses. The A.P.P. submitted that other accused from whom recovery is made, has taken name of the present Applicant as their associate. Due to these circumstances, bail cannot be denied to the Applicant. The A.P.P. produced report of Investigation Officer to show that as many as 5 crimes for similar offences are registered against the present Applicant and he was not available in the past, in those crimes. 4. Unless prima facie case is made out in cra2810.11 4 the present case, the other circumstances cannot be considered for refusal of the bail. In view of these circumstances, this Court holds that subject to some conditions, bail needs to be granted to the Applicant. So, the Criminal Application is allowed. The Applicant is to be released on bail in C.R. No.I-43 of 2011 registered in Shrirampur Police Station, Dist-Ahmednagar, for the offences punishable under Sections 395, 342, 504, 506, 397 etc. of the Indian Penal Code, on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). The Applicant is not to tamper with the prosecution witnesses and he is not to leave Ahmednagar District without prior permission of the Sessions Court, Ahmednagar. The Applicant is to attend the concerned Police Station on second Sunday of every month between 9.00 a.m. and 12.00 noon, till the disposal of the case against him. If there is breach of conditions, the bail is liable to be cancelled. cra2810.11 5 5. These observations will not come in the way of the trial Court at the time of deciding the matter. . Authenticated copy of this order is to be supplied to the A.P.P. [T.V. NALAWADE, J.] asb/AUG11