* 1 * Cri.Appln-3744/2010 Cri.Appln-3745/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3744 OF 2010 [FOR ANTICIPATORY BAIL] 1. Shri. Khashaba Yashwant Dalvi 2. Shri. Pradeep Anandrao Vetal 3. Shri. Sanjay Jayantrao Barge 4. Shri. Ashok Balkrishna Jadhav 5. Shri. Kiran Ananda Nikam 6. Shri. Sarjerao Hindurao Nalwade ........Applicants : V E R S U S : The State of Maharashtra [at the instance of Palus Police Station, Sangli] .......Respondent * * * * Mr. Shirish Gupte, Senior Counsel i/by. Mr. Umesh Mankapure Advocate for the applicants. Mr. Amit Sali, Advocate for the complainant. Mrs. P.P. Bhosale, APP for the State­respondent. W I T H CRIMINAL APPLICATION NO. 3745 OF 2010 [FOR ANTICIPATORY BAIL] 1. Shri. Santosh Aanandrao Kadam 2. Shri. Hindurao Balku Sawant 3. Shri. Kiran Anna Shinde 4. Shri. Mahesh Hindurao Sawant 5. Shri. Rajendra Jaywantrao Bagre ........Applicants : V E R S U S : * 2 * Cri.Appln-3744/2010 Cri.Appln-3745/2010 The State of Maharashtra [at the instance of Palus Police Station, Sangli] .......Respondent * * * * Mr. M.S. Karnik with Ms. Leena Patil, Advocate for the applicants. Mr. Amit Sali, Advocate for the Complainant. Mrs. P.P. Bhosale, APP for the State­respondent. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 1st SEPTEMBER, 2010. P.C. :­ 1. The six applicants in application No. 3744 of 2010 and the five applicants in Application No. 3745 of 2010 who have been accused in C.R. No.59 of 2010 registered with Palus Police Station, Sangli for the offences punishable under Sections 143, 147, 148, 149, 363, 452, 342, 395, 504, 506 Indian Penal Code have filed these applications for anticipatory bail. All the applicants are Industrialists dealing in the business of either forging or foundry. The additional affidavits filed by them show that they are persons of substantial means having their factories and residences in and around Palus. They are regular payers of income­tax. The complaint in the case has been filed by one Rohidas Ghadge who has filed applications for intervention which have been allowed and the counsel for the complainant heard * 3 * Cri.Appln-3744/2010 Cri.Appln-3745/2010 in the matters. 2. The complainant carries on business in scrap. The complainant in his complaint alleges that on 2nd August, 2010 at about 8.30 a.m. when he was to proceeding to Sonhira Sahakari Sakhar Kharkhana Ltd, Mohanrao Kadamnagar, Village­Wangi in connection with auction of scrap material, carrying Rs.1,15,000/­ for that purpose, which amount had allegedly been obtained by him from one Mohan Ashok Ghadge and one Kiran Vilas Ghadge, applicant no.2 in the first application came to him on his motorcycle and told him that he was called by applicant no.1. When the complainant requested that he would meet applicant no.1 later on, applicant no.2 threatened and forced him to applicant no.2. The complainant was taken to the factory of applicant no.6 in the first application, where the other applicants came alongwith seven to eight persons kicked and assaulted him. Applicant no1 and applicant no.4 are then alleged to have forcibly removed an amount of Rs.1,15,000/­ from the pocket of the complainant and thereby committed robbery. All the accused persons then threatened the complainant and demanded that he leaves the village of Palus * 4 * Cri.Appln-3744/2010 Cri.Appln-3745/2010 forever. Laterthe applicant was brought to his shop by about 6.00 p.m. and left there. At that time, he was told that his scrap material which was lying in his shop at Palus was lifted by the applicants and taken to Village­Tupari from which the complainant hails. When the complainant inspected the scrap lying near his house at Village­Tupari, he noticed that the scrap weighing 30 tons valuing approximately Rs.60 lacs was missing. He therefore lodged a complaint with the police on 8th August, 2010 alleging commission of offences punishable under Sections 43, 147, 148, 149, 363, 452, 342, 395, 504, 506 Indian Penal Code. 3. The applicants in their applications allege that the complaint filed by the complainant is false and filed by way of counterattack. The complainant was in fact found stealing scrap material from not only the factories of all the applicants but also from the residences of the villagers. Therefore, all the applicants and the industrialists in the area were carrying vigil. On 2nd August, 2010 at about 10.15 a.m., applicants no.4 and 6 in the first application noticed that the complainant was carrying scrap material in a tempo driven by one Prashant Pawar. They stopped the said tempo in S.K.P. Industries * 5 * Cri.Appln-3744/2010 Cri.Appln-3745/2010 situate in Palus Industrial Estate. On checking the tempo, it was found that the scrap material from their factories was in the tempo. The tempo was carrying about 2 tons of steel. But, when the applicants wanted to file a complaint with the police, the complainant pleaded that he would leave the village permanently and requested them not to file complaint against him. Therefore, the two applicants did not lodge any complaint with the police and asked him to leave the village immediately. Accordingly, the complainant engaged four goods carriers and lifted the scrap owned by him to his native place at Tupari. According to the applicants, the complainant as also his family are criminals with cases pending against them. The applicants have produced certified copy of the FIR filed against the complainant. 4. Prima­facie it is difficult to believe that the applicants who are well established industrialists would rob the complainant of a sum of Rs.1,65,000/­ which is a very small amount for these applicants. The learned counsel for the applicant, submits that, though the amount of Rs.1,65,000/­ is not big for the applicants, but, as far as the complainant is concerned for him it is a big sum for * 6 * Cri.Appln-3744/2010 Cri.Appln-3745/2010 him and the amount was removed by the applicants in order to punish the complainant. It is argued that custodial interrogation of the applicants is required for recovery of the amount as also recovery of the scrap material weighing 30 tonnes valuing Rs. 60,00,000/­. 5. Taking an overall view of the matter, it is obvious that no custodial interrogation of the applicants is required. Considering the contents of the application, the allegations made therein and the occupation of the applicants, in my opinion, they can be granted anticipatory bail. Hence, the applications are allowed. In the event of the arrest of the applicants in C.R. No.59 of 2010 registered with Palus Police Station, Sangli they be released on P.R. Bond of Rs. 50,000/­ each (Rs.Fifty Thousand only) with one surety in the like amount. The applicants are directed to attend Palus Police Station, Sangli on every Tuesday for a period of 3 weeks starting from 7th September, 2010 from 11 a.m. to 2.00 p.m. and thereafter, as and when, called by the police. [SMT. R.P. SONDURBALDOTA, J] * 7 * Cri.Appln-3744/2010 Cri.Appln-3745/2010