1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3718 of 2009 Maantappa Revanshidh Birajdar ... Applicant versus The State of Maharashtra ... Respondent ... Mr. V.V. Purwant for applicant Mr.S.N.Gawade APP for the State. CORAM : D.G. KARNIK, J. DATED : 8th January 2010 P.C. 1. Heard both sides. 2. The applicant seeks pre-arrest bail in connection with a crime registered under C.R.No.17 of 2009 with Valsang police station, Solapur. 3. The prosecution case, stated in brief, is that the applicant, who holds a kerosene licence, was caught illegally transporting 75 litres of kerosene. The FIR states that 75 litres of kerosene in a drum and a can was kept in a mandir at Sangroli. In their statement, the villagers who are alleged to have caught the applicant red-handed, have stated that the kerosene was kept near a katta (wall). Thus, there is a variance as 2 to the place of alleged storage of the kerosene. Further, it is alleged that applicant was caught while illegally transporting the kerosene. The place where he was caught is not mentioned in the FIR. If the kerosene was caught while being transported it could not have been found either near the mandir or near the katta. 4. The quantity of the kerosene alleged to be illegally transported is not very large. Admittedly, the applicant was required to sell kerosene from his quota to sub-dealers. He has produced the receipts of having sold the kerosene to sub-dealers to the extent of 6000 litres, i.e the whole of the quote of the month. 5. Taking an overall view of the matter and in the facts of the case viz. Variance between the FIR and the statement of the villagers regarding place of storage, non mention of the place where the kerosene was allegedly caught while being transported, in my view, the applicant is entitled to a conditional pre-arrest bail. Hence, I pass the following order:- O R D E R . In the event the applicant is arrested in connection with C.R.No. 17 of 2009 registered in Valsang police station he be released on bail on personal bond of Rs.15,000/- with one surety in the like amount subject to the following conditions: (i) Applicant shall not tamper with the prosecution evidence. 3 (ii) Applicant shall attend the concerned police station for interrogation initially on 15th January 2010 and 18th January 2010 between 6.00 p.m. and 8.00 p.m. and shall further attend as and when specifically summoned thereafter. This order shall remain in force for a period of three months and thereafter the applicant shall be entitled to apply for regular bail before the appropriate court. (D.G. KARNIK,J.)