1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1508 OF 2010 (Bhupendrasing Manjitsing Makhan .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.M. Patwardhan, Advocate for the applicant. Smt. A.R. Taiwade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 21ST OCTOBER, 2010. Heard. Learned Counsel for the applicant submits that the bare perusal of report would show that the alleged offence i.e. adulteration of kerosene which is distributed for domestic purpose was being used as fuel for vehicle is attributed to the driver of the vehicle which was apprehended on the spot by the investigating agency. He further submits that the applicant is the owner of the transport agency. He further submits that the vehicle involved in the offence is not owned by the applicant and is owned by some other person i.e. Jasbirsing. Learned Counsel further submits that even perusal of the report would show that the allegation is against one driver Sheikh Phoriz Sheikh Farookh and Sheikh Shakir Sheikh Jabbar. He has placed on record the copies of the order passed in the applications filed by the accused namely Sheikh Shabir Sheikh Jabbar, who is the driver of the vehicle and Jasbirsingh, who is the owner of the vehicle. They are already released on bail. Learned APP submits that the applicant is involved in similar nature of crime and the list is placed on record. Learned Counsel for the applicant submits that out of these so called offences, in one matter, the applicant is acquitted; whereas the other matters are pending in the Court and as such this material cannot be used against the applicant. In view of the record placed before this Court and in view of the submissions made by the learned Counsel for the 2 applicant, I am of the opinion that prima facie case is made out for granting protection to the applicant. The apprehension expressed by the investigating agency can be taken care of by putting the applicant on conditions. Learned Counsel for the applicant submits that the applicant is ready to obey the conditions imposed by this Court. In the result, the application is allowed. Interim order dated 22nd September, 2010 passed by this Court is confirmed with added condition that the applicant to attend the Police Station, Sakkardara, Nagpur on every 1st and 3rd Sunday of the month from 09:00 a.m. to 12:00 noon till the charge is filed or for three months whichever is earlier. Application stands disposed of accordingly. JUDGE *rrg.