{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1945 OF 2010 Bhausaheb s/o Sadhu Chavan Age-41 years, Occ-Business R/o Bajaj Nagar, Waluj, Aurangabad APPLICANT VERSUS The State of Maharashtra Through MIDC Waluj Police Station, Aurangabad RESPONDENT ....... Mr. R.J.Nirmal, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 14th June 2010 PER COURT: 1. By the present application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.47/2010 registered with Waluj MIDC police station for an offence punishable u/s 420 of the Indian Penal Code. 2. Heard learned counsel for the applicant and learned {2} APP. Perused the compliant dated 04.03.2010 on the basis of which the present offence is registered. 3. Considering the facts disclosed in the compliant, it is clear that the applicant is doing the business of transporter in the name and style as "Kalpana Tranporters". It is alleged that the applicant had arranged a truck for transport of beer bottles from Waluj MIDC to Kolhapur to Pooja Traders. 4. It appears that after the truck was loaded, it does not reach at Kolhapur and hence the complaint came to be lodged for an offence punishable u/s 420 of the Indian Penal Code. Complaint, so also the papers of investigation does not disclose that any article was handed over to be transported to the applicant. However, the applicant has provided a vehicle for transport of the consignment from Waluj MIDC, Aurangabad to Kolhapur. Considering this aspect of the matter, prima facie, the transporter cannot be held responsible for the alleged act of the driver. In the premise, case is made out to enlarge the applicant on bail. 5. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR of 47/2010 registered with Waluj MIDC Police station, Aurangabad, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. It is made clear that this {3} protection is granted till filing of the charge sheet. The applicant is hereby directed to attend the Waluj MIDC police station on each Monday and Wednesday between 10.00 a.m. and 1.00 p.m. till filing of the charge sheet or till this condition is relaxed by this Court. Applicant is also directed to cooperate with the investigating agency. [A.V.POTDAR, J.] drp/B10/criapln1945-10