1 Cri.A.2270.11+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2270 OF 2011 Sunil S/o Nandkishor Joshi, Age : 27 Years, Occup.: Business R/o Hedgewar Chowk ,Pande Galli, Mukhed, Tq.Mukhed. District Nanded. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri. M.D.Godhamgaonkar,Advocate for Applicant. Shri. G.R.Ingole, A.P.P. for Respondent. ... WITH CRIMINAL APPLICATION NO. 2283 OF 2011 Digamber S/o Balaji Patil Age : 28 Years, Occup.: Agril., R/o 61-9, Ram Mandir Galli, Patil Galli, Mukhed, Tq.Mukhed. District Nanded. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri. G.D.Kale,Advocate holding for Shri. R.T.Nagargoje,Advocate for Applicant. Shri. G.R.Ingole, A.P.P. for Respondent. CORAM: T.V.NALAWADE, J. DATE : 8th JUNE, 2011. 2 Cri.A.2270.11+1 PER COURT : 1. Both applications are filed under Section 438 of the Code of Criminal Procedure, in Crime No.71 of 2011, registered with Mukhed Police Station, Mukhed, Tq. Mukhed, District Nanded, for the offence punishable under section 436 read with section 34 of the Indian Penal Code. 2. Papers of the investigation are made available by the prosecution. Advocate for the applicants and APP are heard. It was mainly submitted by Advocate of the applicant in first proceeding that first informant subsequently informed to police that he had taken the name of accused Sunil Joshi by mistake and his name be deleted from the case. Advocate for the applicant in second proceeding submitted that surname of this person is Patil and not Jadhav as mentioned by the first informant. It is also submitted that one Shankar Chidre, whose name is also mentioned in the FIR, is granted anticipatory bail, by this Court, by order dated 25.05.2011 and so on the ground of parity applicants are entitled to anticipatory bail. 3. The incident took place on 2.5.2011 after 9.00 p.m.. Due to some problem in D.P.Box supply of electricity was closed by the Corporation, who is doing distribution of electricity. As supply of the electricity was 3 Cri.A.2270.11+1 stopped, the persons like Sunil Joshi, Shankar Chidre and Digamber Patil came there and they set on fire to the office of the Corporation. The report was given immediately by Junior Engineer Shri Bondre and the names of these three persons were mentioned in the report. Papers of the investigation show that police prepared the panchnama. Panchnama reveals that damage worth Rs.3.8 lacs was caused due to the incident to the Corporation. The Police have recorded the statements of employees of the Corporation like technician, who have taken the names of three persons, who are responsible for setting on fire to the Office. There are statements of five persons. 4. In view of aforesaid record, it is surprising that first informant Mr. Bondre gave an application to the Police and he requested to delete the name of Sunil Joshi from the Crime. This Court has hope that appropriate action would taken against Mr.Bondre in respect of this conduct. In this area, the people of Maratha Community use their surname as Patil, though their real name is like Jadhav. In view of this circumstance, it is not possible to accept the submission made by the Advocate for the applicant in second proceedings that surname of applicant is Patil and not Jadhav. If his name is not in the crime, there was no reason to come to this Court. Only because Junior Engineer has given application to the Police to delete the 4 Cri.A.2270.11+1 name of Sunil Joshi, anticipatory bail cannot be given to Sunil Joshi. The order made by this Court on 25.05.2011 shows that papers of investigation were not available. It appears that FIR was made available and so damages mentioned is 60,000/-(rupees Sixty Thousand). Now, all relevant papers of investigation are available. The damages worth more than 3.8 lacs is caused to the Corporation created by the Government. Such incidents are increasing day by day. Unless sternness is shown in such case, such incidents will not stop. I hold that in this case anticipatory bail cannot be granted on the ground of parity. In view of aforesaid circumstances, both applications stand rejected. . Authenticated copy of this order be provided to the Prosecutor for sending it to the Corporation for taking appropriate action against Mr. Bondre, Junior Engineer of the Corporation. Sd/- [ T.V.NALAWADE, J.] MTK 5 Cri.A.2270.11+1