1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.745/2010. (Bhaskar s/o Balaji Kaluse Vs. State of Maharashtra & Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Sonawane, Advocate for applicant; Mr.SD Kaldate, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 26 th March, 2010. ... 1) Heard Mr.Sonawane for the accused/applicant extensively. 2) Discretion in terms of Section 438 Cr.P.C. is sought to be exercised in Crime No.I-183/2009 registered at Vaijapur police station. It is a matter of record, earlier such exercise by present accused/applicant, vide Criminal Application No.3563/2009 is turned down by order dated 15th October, 2009. 3) Mr.Sonawane submits, few vital documents, which were required to be flashed before this Court, could not be so done due to inadvertence. The 2 purchase of wet cotton was within the permissible limits. The cotton at the site became wet as the adjoining heap of cotton belonging to owner of the factory, having faced fire, the applicant, as a grader, was required to take precaution and consequently, he took assistance of fire-fighters, and to ensure safety to the heaps of cotton belonging to the Federation got water showered and hence there was wetness in the heap of cotton purchased by the federation. 4) According to learned Counsel, on 24.8.2009 around 30 registers were handed over by him to the Deputy Manager situate at Lasur and hence, he urged for discretion. 5) The F.I.R. dated 29.8.2009 illustrate, as to how the federation was tried to be duped and a substantial amount was swindled by the efficacious activities by present applicant. The prima facie impression is, the theory of watering 3 the cotton in an adjoining heap is a subsequent creation to avoid risk of less cotton being purchased or the cotton which was purchased was beyond the permissible wet limits. There is no case of change of circumstances, the grant of bail to few others may not be the parameters to entertain the present application, each case has its own merits and different sheds, which are considered while passing the orders on those applications. Application rejected. (K.U.CHANDIWAL) JUDGE bdv/cran745.10