{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3614 OF 2009 1. Sudhir Lakshman Mahajan, Age-43 years, Occ-Service R/o Sector Project Manager PT & D Sector Mumbai 2. Abbasi Saifuddin Saifee Age-41 years, Occ-Service R/o Plot No.61, Laxmi Nagar, Garkheda, Aurangabad 3. Shyam Sunder Choudhari, Age-43 years, Occ-Service R/o Plot No.61, Laxmi Nagar, Garkheda, Aurangabad 4. Cheekati Prasad Rao Age-34 years, Occ-Service R/o Plot No.61, Laxmi Nagar, Garkheda, Aurangabad APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for applicants Mrs.Yogita M.Kshirsagar, APP for State ....... [CORAM : A.V.POTDAR, J.] DATE: 10th November 2009 {2} PER COURT: 1. By the present application, the applicants, who are accused in CR No.443/2009 registered with Mastagad Police Station, Jalna u/s 135, 138 and 150 of the Indian Electricity Act, have prayed that they be released on bail. 2. Initially, this Court has granted interim protection to the applicants. 3. Heard learned counsel for the applicants followed by the arguments of learned APP. 4. Considering the allegations against the applicants that before installation of the electricity meter the same was tampered by the applicants, it is necessary to see that whether the meter was in possession of either of the applicants before the same was installed in the premises of Mr.Ahmed Hussain Pathan, from where the same was seized on the allegation of electricity theft. The offence is registered on 19.06.2009 and the investigation is still in progress. As on today, there is nothing on record to indicate that before installation of the meter in the premises said Ahmed, the same was in possession of the applicants. In absence of any record to show that possession of the meter in question was with the applicants, the applicants are not required for any custodial interrogation. {3} 5. In the result, the application is allowed. The interim protection granted earlier to continue for a period of 6 weeks and within mean time the applicants to apply for regular bail. The applicants to attend the police station whenever they are required by the investigation officer for interrogation. The Investigation Officer to call the applicants by intimation in writing. Application disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3614-09