(1) CRI.APP. 3260.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3260 OF 2010 1. Bhimrao S/o Mohan Bawane Age : 25 years, Occu.: Agri. 2. Rajendra s/o Ambadas Palve Age : 30 years, Occu.: Agri. Both R/o Ranegaon, Tq. Shevgaon, Dist. Ahmednagar .. Applicants VERSUS The State of Maharashtra .. Respondent Mr. K.D. Bade Patil, Advocate for the Applicants Mr. V.G. Shelke, 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. The applicants are said to be agriculturists who were transporting bags of fertilizers in a tempo vehicle MH-11/M-3197 on 3.8.2010. The Police received secret information to the effect that the fertilizer bags were being transported for sale (2) CRI.APP. 3260.2010 thereof in black market. Therefore, the tempo vehicle was intercepted at about 9:30 hours. The driver by name Anwar Mohd. Kureshi was unable to produce the receipts of the fertilizer bags. He narrated to the Police that the fertilizer bags were purchased by the applicants from M/s. Jagdish Krupa Fertilizers, a shop run by Jagdish Raghunath Bargaje at Georai. The fertilizer bags were therefore seized. 3. Having heard the learned Advocate for the applicants and learned APP and on perusal of the investigation papers, which were temporarily made available during the hearing, it prima facie appears that in the FIR there is absolutely no allegation that both the applicants were present in the tempo vehicle and had fled away after jumping from the back side. However, subsequently, statement of the prime accused was recorded by the Police and in his statement such allegation seems to have been introduced. It prima facie appears that when the tempo vehicle was intercepted on basis of previous (3) CRI.APP. 3260.2010 information, then it was rather improbable that the Police party would allow anyone to easily bolt away from the place. The applicants have produced copies of the receipts which purport to show that they and other some villagers have purchased fertilizer bags on the same day. There is no substantial reason to say that the presence of the applicants with the Police is required for any effective investigation. The applicants are likely to be humiliated in the event of their arrest. 4. Considering the foregoing reasons, the Application is allowed in terms of the ad-interim order dated 25.8.2010 which stands confirmed and will last till the chargesheet or final report is filed. Sd/- [V.R. KINGAONKAR, J.] arp