1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5340 OF 2009 Amol Bharat Jadhav ..... Applicant. V/s State of Maharashtra ..... Respondent. Mr. Sachin Thombare for the applicant. Mrs. M.R. Tidake, APP for the State. CORAM: V. M. KANADE, J. DATE : 17TH DECEMBER, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested on 26/09/2009 in connection with the offence punishable under sections 395, 365, 341, 436, 201, 412 of the Indian Penal Code registered with Shikrapur Police Station vide C.R. No.224/2009. 3. Applicant was remanded to police custody for a period of 15 days and, thereafter, he was remanded to judicial custody. It is alleged that four persons entered the cabin of 2 the Truck Container and, at the point of knife, the complainant and his brother were asked to take the Container towards Beed. Thereafter, it is alleged that the complainant and his brother were taken by the accused on their motorcycle. However, motorcycle fell in a ditch and, at that time, the accused ran away from the spot. The present applicant was arrested on suspicion. No recovery has been made at his instance. No identification parade has been held and, as such, the complainant and his brother have not identified the present applicant as the person who had taken away the Container. It is submitted that the applicant is a student of Rajeev Gandhi Arts and Science Mahavidyalaya and is studying in 2nd Year, B.A. It is submitted that there are no criminal antecedents against the applicant and the only material which is found is that one mobile phone was recovered from the scene of offence. Applicant had made several calls through that mobile phone which was recovered from the spot. Investigation is almost over. The complaint was lodged against four persons. Recovery of the Container and other articles which were taken away has been made at the instance of other co-accused. No recovery is made at the instance of the present applicant. Applicant is a young boy of 19 years of age. Applicant, therefore, deserves to be released on bail. 4. Applicant, therefore, be released on bail in C.R. No.224 of 2009 registered with Shikrapur Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. He 3 shall report to the concerned Police Station once in a month. 5. Application is disposed of. (V.M. KANADE, J.)