(1) CRI.APP. 2751.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2751 OF 2010 1. Sardar Fatesing Pawara Age : 55 years, Occu.: Agri. & Shop Proprietor, 2. Nitin S/o Sardar Pawara, Age : 23 years, Occu.: Education, Both R/o: At/ Post Chakdu, Tq. Shirpur, Dist. Dhule .. Applicants VERSUS 1. The State of Maharashtra Through Police Station Officer, Shirpur Police Station,, Tq. Shirpur, Dist. Dhule 2. The Superintendent of Police, Dhule, Dist. Dhule (Copy to be served on Public Prosecutor, High Court Bench at Aurnagabad) .. Respondents Mr. S.P. Brahme, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 9TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application for anticipatory bail. (2) CRI.APP. 2751.2010 2. The applicants apprehend their arrest in connection with crime no. 43 of 2010 registered at Shirpur Police Station for the offence punishable under the provisions of Essential Commodities Act. Allegedly, the applicant no.1 runs a fair price shop in village Chakdu. On 6.6.2010, a group of villagers from village Chakdu intercepted a tractor vehicle attached with trolley at interjection of Fattepur. The trolley was loaded with wheat. The villagers reported to the Police that it was the wheat from the quota made available to the applicant no.1 for distribution through the fair price shop. The wheat alongwith the trolley came to be attached. 3. It appears that Village Panchayat election programme was declared and was scheduled somewhere at the fag end of June, 2010 and the nomination forms were filled in by the candidates including the applicant no.1. From list of valid candidates (Exh.C) it appears that, most of the members in the group which had intercepted the tractor and the (3) CRI.APP. 2751.2010 trolley were concerned with the said election either as candidates or supporters of such candidates who were the opponents of applicant no.1. It further appears that applicant no.1 owns agricultural lands at village Borpani and Fattepur. The trolley was found to be loaded with the wheat which was unpacked and only there were three empty gunny bags which were meant for use of the loading of wheat meant for public distribution system. Mere presence of such three empty bags by itself cannot be a reasonable ground to infer that the wheat was meant for public distribution system. There is no other evidence to connect the seized wheat with the quantity of the wheat meant for the public distribution system. It is probable, therefore, that the political opponents of the applicant no.1 had stage managed the seizure of the wheat at the time when the Village Panchayat elections were in the offing. 4. Considering the relevant background facts and the probability of false implication of the applicants, their Application is allowed. The ad- (4) CRI.APP. 2751.2010 interim relief granted vide order dated 19.7.2010 is confirmed and the Application is allowed in the same terms. The anticipatory bail would come to an end on filing of the chargesheet. Sd/- [V.R. KINGAONKAR, J.] arp