1 CR.APL NO.1090/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 3. APPLN/1090/2011 EKBAL @ KALYA DAUD SHAIKH [Criminal] V/S THE STATE OF MAH THR. CITY P.S. OSMANABAD -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.V.Gore, Adv., for the applicant. Mr.N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:13/4/2011 1. Heard finally. 2. The accused/applicant, resident of Barshi, claiming to be engaged in business, seeks pre-arrest bail in Crime No.282/2010 of City Police Station, Osmanabad, for the offense under Sections 457, 380 of IPC. 3. In the night of 22nd Dec.,2010, the complainant Anupama had stashed Rs. 55,000/- in her house. On the next day, she did not find the said amount. Upon inquiry with her husband Santosh and her minor son Pratik, she learnt that the juvenile in conflict with law - suspects had visited the house and 2 CR.APL NO.1090/2011 probably they have stolen the amount. The said juvenile, namely, Ameya Jadhav and Onkar Patil, unfortunately, from 24th Dec.,2010 are missing and a different turn and colour is given to the situation. 4. The role of the accused/applicant comes as he acted with his colleague Baba to whom he called to Pune from Barshi, they had interaction with juvenile Ameya and Onkar, in the situation, they allured the two boys, sneaked with two mobiles possessed by them, attempted to sell it for gains. The two boys informed, they were in need of money as they wanted any avocation to perform. Relentless search of the above juvenile did not yield any result. 5. The brother of the accused/applicant is in custody, nothing elicited from him. 6. In a statement of Sharif Shah of Wadchicholi, taluka Wadchicholi, dist. Chindwada, based on confronting him with the photographs of the two juveniles in conflict with law, he 3 CR.APL NO.1090/2011 identified one of them, informed that the present accused/applicant had booked a shop in the festival ( URUS ) for which a valid receipt was passed, he saw the boy as the boy had interacted with him during the period between 3rd Feb.,2011 and 4th Feb., 2011. 7. Learned A.P.P. submits, though the recovery or loss of Rs.55,000/- is the root in the matter, however, missing of the two boys have created a situation of panic in the area and the search at all corners and all possible places did not yield result. 8. Mr.Gore submits that the applicant has no role in the matter of theft. He has a good case on merits. He has no role in sneaking with the boys. At the most, he acted with the mobiles. However, for that purpose, his custody not desired. Counsel submits, the accused/applicant has caused his regular attendance with the Police. 9. The above facts illustrate, the trivial issue of theft of cash has become a diluated situation than the 4 CR.APL NO.1090/2011 trace of the two juvenile in conflict with law who were loitering with the accused/applicant and seen in his company. Learned A.P.P. submits and, I find, substance that it would be fetters that would unearth the whereabouts of the two juvenile in conflict with law and about disposal of the cash allegedly stolen. Hence, application lacks merit, dismissed. The interim protection vacated. Applicant to surrender before the Police immediately. (K.U.CHANDIWAL) JUDGE ... AGP/1090-11crapl 5 CR.APL NO.1090/2011