1 ABA-657-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 657 OF 2011 1. Ganesh Mohan Aher ) 2. Sham Kisan Aher ) 3. Santosh Ramgovind Singh ) 4. Sanjay Ramdas Bhalerao ) 5. Bhaskar Yadav Chaule ) 6. Pradip Damodar Sonawane ) 7. Prakash Jagan Bahikar ) 8. Datta Balashaed Shendru ) 9. Ramesh Narayan Chavan ) 10. Gopinath Prabat Mogal ) 11. Sunil Trimbak Sonawane ) 12. Sanjay Rajaram Chavan ) 13. Dilip Madhukar Rasal ).. Applicants vs. State of Maharashtra .. Respondent Mr. H.E. Palwe,Advocate, for the applicant. Mr.Y.M.Nakhawa, APP, for the respondent . CORAM: J.H.BHATIA,J. DATE : 2nd September, 2011. P.C. 1. Heard. The applicants seek anticipatory bail in Crime No.108/2011 under Section 395, 506 read with Section 34 of I.P.C. registered with Satpur Police Station. 2 ABA-657-11.sxw 2. Prosecution case, in brief, is that on 29.6.2011, two trucks loaded with bricks went to Nashik for sale. When the truck reached near the Octroi Post, some of the persons told the driver that they wanted to purchase the bricks. Saying so, they took the said trucks with the bricks and got them unloaded near the temple and then they told them that they were members of the association of brick kiln owners and they would not allow anybody from outside their area to bring bricks for sale. They also snatched the mobile phone. FIR was lodged on the next day and the offence came to be registered. The names of the culprits were stated in the FIR. It was a clear attempt to exclude the outside businessmen from the local market even by using force and for that purpose, the culprits committed dacoity and not only snatched mobile phone from the driver of the truck but also the bricks loaded in the truck. 3. The learned counsel for the applicants contends that FIR was lodged 24 hours after the incident. The brick driver was from outside and he first contacted his employer and when the employer came, he lodged the FIR. In the FIR, names of the accused persons are given except the applicant No.3 Santosh Singh, applicant No.6 - Pradip Sonawane and applicant No.13 - Dilip Rasal. Taking into consideration the nature of offence and the attitude of the accused 3 ABA-657-11.sxw persons, I am not inclined to grant anticipatory bail to the applicants except the three persons whose names do not find place in the FIR. 4. In the event of arrest in Crime No.108/2011, applicant No.3 - Santosh Singh, applicant No.6 - Pradip Sonawane and applicant No.13 - Dilip Rasal be released on their executing P.R.of Rs.15,000/- each with one surety in the like amount with condition that they shall not tamper with the prosecution evidence and shall make themselves available to the police as and when required for the purpose of interrogation. 5. The application to the extent of the remaining applicants stands rejected. (J.H.BHATIA,J.)