(1) CR.APP. 1321.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1321 OF 2009 Baba S/o Bhagwan Sanap Age : 28 years, Occu.: Service, R/o Infront of Income Tax Office, Ahmednagar, Tq. and Dist. Ahmednagar .. Applicant Versus 1] State of Maharashtra, (Copy to be served upon GP High Court, Bench at Aurangabad) 2] Superintendent of Police Ahmednagar, Dist. Ahmednagar .. Respondent WITH CRIMINAL APPLICATION NO. 1832 OF 2009 Kailash S/o Bapurao Shinde Age : 27 years, Occu.: Private Service, R/o. Thakur Galli, Topkhana, Ahmednagar .. Applicant Versus The State of Maharashtra Through Nagar Taluka Police Station (Copy to be served on PP High Court of Judicature of Bombay, Bench at Aurangabad) .. Respondent Smt. S.S. Jadhav, Advocate for the Applicant (In Criminal Application no. 1321 of 2009) (2) CR.APP. 1321.2009 Mr. B.V. Wagh, Advocate for the Applicant (In Criminal Application no. 1832 of 2009) Mr. J.S. Gavane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 17TH JULY, 2009 ORAL ORDER:- 1] Both the applications can be decided by this common order:- . The applicants are seeking anticipatory bail in crime no. 142 of 2007 of Nagar Taluka Police Station, Ahmednagar. The Police registered offence under section 394 of the Indian Penal Code. A complaint came to be filed on 17.9.2007 at about 2:20 pm. The complainant stated that he resided at Ahmednagar and he had a jewellery shop at village Walki, which is at about 20 Km. from Ahmednagar. He said on that day, he was riding his motorcycle and going towards Walki at about 9:45 am. At that time, he said two persons riding motorcycle came after him chasing. They were asking him to stop. Ultimately they stopped him and started alleging that the complainant had evaded the octroi duty and he should pay up. They were also asking the complainant to go with them to Central Godown of Octroi etc. The complainant however, did not budge. He however, made phone calls to his friends at Ahmednagar, but before the complainant’s friends could come the (3) CR.APP. 1321.2009 perpetrators snatched away from him the key of his motorcycle as well as cash amount of Rs.700/-. . As said above, the complaint came to be lodged at about 2:20 pm. on that day, but surprisingly the Police could not arrest any of the applicants in this case. On 1.11.2007 the Police recorded statement of witness Suresh, which is of some significance as far as the identity of the applicants was concerned. Witness Suresh supported the case of the complainant to some extent and said that the applicants were found at the spot mentioned by the complainant and were having quarrel with him. Yet, the Police did not arrest the applicants. On 15.5.2008 for the first time the applicants sought anticipatory bail by filing applications before the Additional Sessions Judge, Ahmednagar. The applications, surprisingly remained pending till 4.4.2009. During the pendency of the applications, the prosecution filed it’s say to oppose the applications on 10.2.2009. 2] Even the present applications are pending for quite some time. I am inclined to allow the applications and grant the applicants anticipatory bail for the following reasons:- . The narration of the complainant does not inspire confidence as far as the allegation of (4) CR.APP. 1321.2009 snatching away of cash is concerned. It seems, the incident took place and the applicants probably over-zealously tried to extract octroi duty from the complainant. It seems due to the humiliation, the complainant thereafter lodged the complaint. In any case, there is no possibility of recovery of the stolen article, as it is un-identifiable cash amount. . The second reason for granting applicants anticipatory bail, is the delay that has occurred in this case; in the investigation as well as in deciding the applications. 3] In the event of the applicants arrest in this case, they shall be released on bail of Rs.5000/- (Rs.Five Thousand) each with one surety each in the like amount. 4] Criminal Applications stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/17july9/cr1321.09