1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4001 OF 2009 Deepak S/o. Vitthalrao Sonkamble APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.A.V.Patil, h/f. S.B.Pulkundwar, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent. (CORAM : A.V.POTDAR, J.) DATE : 27/11/2009 PER COURT : 1. By the present application, the applicant has prayed for his release on bail in case of his arrest in connection with CR No. 143/2009 registered in Kandhar Police Station, Dist. Nanded in connection with an offence u/s. 406, 409, r/w. 34 of IPC. 2. Heard advocate for applicant followed by the submissions of learned APP appearing for State. The offence came to be registered on the basis of complaint lodged by one Dipak, the owner of the petrol pump. It discloses that on 25/08/2009, around 11.00 a.m., he received telephone message from the applicant that when he took depth of the diesel tank, he found deficit 1941 liters diesel in the diesel tank. At the same time, the locks put up to the said tank were 2 found intact. It is alleged that thereafter the tanks were inspected bye the concerned Officer of Hindustan Petroleum Company and it is found that there is no leakage in the said diesel tank. 3. During the course of submissions across the bar, my attention is drawn by the learned counsel appearing for applicant towards the report submitted by this applicant to the Police Inspector, Kandhar Police Station about the theft of diesel from the petrol pump. As he was working as a Manager on the said petrol pump, he has reported the incident to the concerned Police Inspector of Police Station Kandhar that when he took the depth of the diesel tank on 25/08/2009, it is noticed that 1941 liters diesel was found short. Hence on suspicion, he disclosed the names of the persons who were working on the petrol pump. 4. By pointing out this incident, it is tried to urge across the bar about the incident dated 25/08/2009, that the complaint is lodged with Kandhar Police Station about the theft of diesel from the petrol pump by the on which applicant is working as a Manager and he himself gave information about this theft to Kandhar Police Station and in the premise, from this bonafide act of the applicant, he be enlarged on bail. 5. During the course of submissions across the bar, the only point urged on behalf of prosecution that this very applicant is working as a Manager, having keys of these tanks, then he is the only 3 person who can explain about the shortage of diesel found in the diesel tank and for that purpose custodial interrogation of the applicant is necessary. 6. Considering these submissions across the bar, we can not dispute that there was shortage of diesel to the tune of 1941 liters, when the depth of diesel tank was taken on 25/08/2009. It also can not be disputed that at the material time, this applicant was a Manager working on the petrol pump. From the facts disclosed either by the report submitted by the applicant to the police station or as stated in the complaint by the owner of the petrol pump that the locks put to this diesel tank were intact and the present applicant is the custodian of the keys of this diesel tank. In the premise, if there is any shortage of diesel found in the diesel tank, when the applicant is custodian of keys of these locks which found intact, then merely because he has lodged report with Police Station Kandhar, can not be said to be his bonafide act and not at least at this stage. In the premise, no case made out to enlarge the applicant on anticipatory bail. In the result, application stands rejected. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.4001-09