1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1033 OF 2010 Parasram Santoba Giri ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.S.P.Katneshwarkar, Advocate for applicant. Mr.D.V. Tele, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 29th March, 2010. PER COURT : 1. Heard Mr.S.P. Katneshwarkar, learned Counsel for applicant and Mr.D.V. Tele, learned A.P.P. for respondent. 2. Issue notice to respondent. Learned A.P.P. accepts the notice for respondent. 3. This is an application preferred by applicant seeking anticipatory bail apprehending his arrest in connection with C.R. No.3004/2010, registered with Hatta Police Station, Dist.Hingoli for the offence 2 punishable under section 135 of Electricity Act for the alleged theft of electric energy. 3. It appears that the complaint has been registered on the report lodged by one Naimoddin S/o Md. Nizamoddin, Junior Engineer serving with M.S.D.C.L. alleging that applicant herein allegedly committed theft of electricity by way of bypassing the supply to the meter and even seal of the said meter was found broken and had accordingly committed theft of 460 units amounting Rs.6,310/-. 4. It is urged by learned counsel for applicant that applicant is 70 years old and expressed readiness and willingness to deposit an amount of Rs.6,310/- with M.S.D.C.L. under protest. 5. Hence, in view of the said position, the present application deserves to be allowed subject to deposit of aforesaid amount by applicant within one week. 6. Criminal application no.1033/2010 is allowed. It is directed that in the event of arrest of applicant 3 under C.R. No.3004/2010 registered with Hatta Police Station for the offence punishable under section 135 of Electricity Act, the applicant be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing the P.R. bond in the like amount, subject to deposit of amount of Rs.6,310/- by the applicant with M.S.D.C.L. within a period of one week under protest, on the following condition : (a) The applicant shall attend the concerned Police Station as and when required and shall co-operate with the investigation. (b) The applicant shall not tamper with prosecution evidence and shall not influence the prosecution witnesses directly or indirectly. 7. These observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. This order shall be in force till filing of the charge sheet. (SHRIHARI P. DAVARE) JUDGE gas/cri1033.10