1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2236 OF 2009 Dhanraj Mohanlal Sevalani .. Applicant V/s. The State of Maharashtra .. Respondents Mr.S.M.Gorwedkar for the Applicant. Mr.J.P.Yagnik, A.P.P.for the State. CORAM : VACTION JUDGE A.R.JOSHI, J. DATED : MAY 11TH, 2009. P.C. Heard rival submissions for some time. 2. It is the application filed by original accused No.6 apprehending his arrest in Akluj Police station C.R. No.25 of 2009 for the offence punishable under section 407 read with section 34 of Indian Penal Code. Allegedly, some part of the sugar out of the total bulk of 32 tones of sugar was sold to present applicant and to his brother accused No.5 by accused No.1 owner of the truck. Said bulk of the sugar was being transported in the said truck to be delivered at 2 Jaipur. However, without complying such directions of the owner of the sugar, it was disposed of by accused Nos. 1 and 2 in assistance with accused No.4, the cleaner of the truck to accused Nos. 5 and 6. Allegedly certain empty gunny bags bearing markings of the original owner of the sugar were recovered from the shop of accused No.5 and also from the shop of accused No.6. Both these accused Nos. 5 and 6 are real brothers and having independent shops and dealing in the grocery at Nandurbar. Admittedly, accused Nos. 1 to 4 and 5 are already released on bail after their arrest. However, anticipatory bail application by accused No.6 rejected by the Sessions Court at Malshiraj 3. Considering the rival submissions and considering the alleged role of the Appellant accused No.6 and considering at present the prima facie offence attracted against accused No.6 is that pujishable under section 411 of Indian Penal Code, in the opinion of this Court, present application for anticipatory bail can be allowed on certain conditions. Hence, order : :: O R D E R :: i. Anticipatory bail application No.2236 of 2009 is allowed. In the event of arrest of applicant accused No.6 in C.R.no.25 of 2009 of Akluj Police Station, the applicant be released on executing a P.R.bond in a sum of Rs.20,000/- with one surity. 3 ii. After availing on bail, applicant accused No.6 shall attend Akluj Police station twice in week on every Monday and Wednesday between 10.00 am. to 12.00 noon for the period of two months or till the filing of charge sheet, whichever is earlier. iii. With these directions, the present anticipatory bail application is disposed of. (A.R. JOSHI, J.)