1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 412 of 2011 (Abdul Rais Abdul Shahid Vs. The State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. J.B. Gandhi, Advocate for the applicant. Mr. S.M. Bhagde, APP for the State/non-applicant. CORAM : M. N. GILANI, J. DATE : 3 rd AUGUST, 2011. Heard. This application arises out of Crime No. 11/2011, registered with Police Station Ural, District Akola, under Sections 395, 397 and 120-B of the Indian Penal Code and under Section 4 read with Section 25 of the Arms Act. Facts are thus : The complainant Dattatray Kale is a driver by profession. He was driving the truck bearing no. KA-25/B/5431. On 04/012/2011, 900 bales of cotton, weighing about 16 tonnes were loaded in a truck at the instance of Ramdeo Ginning, Akot. The truck was destined for Ichalkaranji. Ramhari and Sanjay were the cleaners. When the truck reached near Nimba Fata, which is on Akot- Shegaon road, one Sumo Jeep overtook the truck and intercepted it. 5-6 person, who had masked their faces, made the driver and the cleaners to get down from the truck 2 and carried them in the nearby field. They were beaten and their hands were tied by those dacoits. The driver was also robbed of cash amount of Rs.8,300/- and mobile phone. Leaving those in the field, the dacoits carried away the truck. The truck was then brought to Durga Ginning Factory owned by Syed Sarfaraz. It is the prosecution case that the principal accused Mohd. Anwar and the applicant hatched conspiracy and in pursuant to that committed dacoity. Syed Sarfaraz got bales of cotton unloaded in his godown and put the cotton in gunny bags and then sold it to Ruhatia Cotton and Metals Pvt. Ltd., Akola, for consideration of Rs.23,28,000/-. In turn, Ruhatia Cotton and Metals Pvt. Ltd., of course, in regular course of their business transported it to Soubhik Export Limited, Calcutta. While the goods were being carried to Calcutta, it were intercepted at Raipur and after its seizure brought back to Akola. The evidence appearing against the applicant is that he maintained continuous and frequent contacts with the principal accused Mohd. Anwar, through mobile phone. The motorcycle, which he used while piloting the truck from the place of interception to Durga Ginning Factory, was seized. The mobile phone has also been seized. The call record collected from the service provider unfolded the fact that on 03/02/2011 as well as on 04/02/2011 right from the 3 morning till night, and on the night intervening 04/02/2011 and 05/02/2011, he was in constant touch with the principal accused Mohd. Anwar. There are witnesses, working in the Durga Ginning Factory, who identified the applicant as the person who had accompanied the truck. Further, his share in the amount realised after selling cotton was received by him. Considering the material collected by the prosecution, prima- facie involvement of Abdul Rais in hatching conspiracy to commit dacoity is made out. Considering gravity and nature of accusation, this does not appear to be the fit case to release the applicant on bail. The application is rejected. JUDGE *sdw