- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1057 OF 2010 Shaikh Shahir s/o Shaikh Gani ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.P. Tilve, Advocate for the applicant Shri D.V. Tele, A.P.P. for respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 31st March, 2010 PER COURT : 1. Heard Mr. S.P. Tilve, learned counsel for the applicant as well as heard Mr. D.V. Tele, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest in connection with C.R. No.184/2009, registered at Khultabad Police Station, for the offence punishable under Section 395 of the Indian Penal Code. 3. It appears that, the complaint was registered in - 2 - pursuance of the report lodged by complainant Kaleem Shabbir Pathan on 30.12.2009 in respect of the incident occurred during the intervening night between 29.12.2009 and 30.12.2009, contending that he had been to Madhya Pradesh along with others to sell the cotton and while returning back along with the sale proceeds of Rs. 6,99,000/- in Eicher Canter Tempo, 10 to 15 persons entered into their vehicle and by laying obstacles, and they had stolen away the said amount of Rs.6,99,000/- from them by assaulting them by fist blows and leg kicks and also by assaulting them by sticks. 4. It is pointed out that the amount of Rs.48,000/- was recovered from the house of co-accused Wahed Pathan, but he is still absconding. The remaining balance amount is yet to be recovered. Moreover, two co-accused persons namely Fayyaz and Kayyum have been arrested and it is reported that they are released on bail. The investigation is still under progress. The test identification parade is yet to be conducted. Apparently, it appears that, the offence is of serious nature. 5. In the circumstances, apparently, there is no possibility of false implication of the applicant and the applicant has failed to make out any case for grant of anticipatory bail. The custodial interrogation of the applicant is necessary for the further progress in the investigation in proper perspective. - 3 - 6. In the result, present application being sans merits, stands dismissed. (SHRIHARI P. DAVARE, J.) fmp/cri105710