FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3782 OF 2011 BABAN DAMU SANAP VERSUS THE STATE OF MAH ... Advocate for Petitioner(s) : Mr. Bhide Vinod Y APP for Respondent(s): Mr. B.V.Wagh. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 03, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. It appears that interim anticipatory bail was granted to the applicant by this Court as per order dated 7.9.2011. 2. This is an application preferred by the applicant, seeking anticipatory bail, apprehending his arrest under Crime No.II-37/2011, registered at Sangamner Taluka Police Station, District Ahmednagar, for the offences punishable under sections 3 and 7 of Essential Commodities Act. 3. It appears that offence has been registered on the basis of the complaint lodged by the complainant Arjun Shankar Sanap Aval Karkoon and Supply Inspector, Tahsil Office, Sangamner on 8.8.2011, contending that food grains including sugar were FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders supplied to fair price shop run by the applicant herein and it was transpired that the applicant had not supplied sugar to 12 ration card holders and sold sugar weighing 72 kilograms worth Rs.972/- elsewhere and deprived the said eligible ration card holders from the sugar and deceived the Government for the said amount. 4. However, apparently, although offence was allegedly committed in the year November/December, 2010, the complaint came to be lodged on 8.8.2011 i.e. after delay of about eight months and said delay has not been explained any where in the contents of the complaint. 5. Besides, learned counsel for the applicant canvassed that First Information Report in question has been lodged against the applicant under section 3 and 7 of the Essential Commodities Act and the contents of the complaint no where reflect that which order was issued for equal distribution and regulating the supply of the sugar and which provisions of such order were allegedly contravened by the applicant herein. Apparently, there is substance in the argument canvassed by the learned counsel for the applicant. 6. Moreover, it also appears from the contents of the First Information Report that statements of some of the Ration Card FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders holders were recorded and pre-inquiry was conducted before lodging the said complaint. So also, interim anticipatory bail was granted to the applicant and while granting said interim order, applicant was directed to give attendance before the concerned investigator. However, on inquiry, nothing is produced about the outcome of the said attendance and progress in the investigation. 7. Considering the accusations made against the applicant and nature and gravity thereof, it appears that there is no necessity of the custodial interrogation of the applicant for further progress in the investigation and therefore, interim protection granted to the applicant deserves to be made absolute, but on certain conditions. 8. In the result, present application is allowed and interim anticipatory bail granted to the applicant on 7.9.2011 stands confirmed on the following conditions :- i) The applicant shall give attendance before the concerned Investigator once in a week i.e. on every Tuesday between 05.00 p.m. to 07.00 p.m., till filing of the Charge sheet and shall cooperate in the investigation. ii] The applicant shall not influence upon the witnesses, FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 9. Present application stands disposed of finally. 10. The observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***