1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5251 of 2009 Mohd. Ismile Ansari ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Milind Deshmukh for the applicant. Mrs.M.R. Tidake APP for the State. CORAM : D.G. KARNIK, J. DATED : 11th February 2010 P.C. 1. Heard. 2. The applicant seeks bail in connection with C.R. No.101 of 2009 for an offence punishable u/s.406 r/w section 34 of the IPC. 3. On instructions of Mayuresh Devchandra Jha, Mr.Pavan Sharma, owner of Calcutta Transport agreed to transport goods of Chloride Metals Ltd, Markal, Alandi from Pune to Calcutta. He sent two trucks one bearing No. HR 38-M 1107 with driver Ajay Binoy Kumar and 2 another bearing No. JH 12-B 7970 with driver Rajiv Manoj Roy for transportation. The goods were loaded into the two trucks and given in custody of the two drivers for the transportation along with a sum of Rs.45,000/- each as part payment of the hire. Trucks with the goods never reached Calcutta and the goods were misappropriated by the drivers. Mayuresh Devchandra Jha filed a First Information Report on 9th April 2009. On investigation. the police have found that the name the driver Ajay Binoy Kumar had given a wrong name and his real name was Mohd. Ismail Ansari @ Zallu who is the present applicant. The present applicant was arrested and has been identified by Mr.Jha as the same person who had taken delivery of the goods as a driver. Investigation is going on and goods and the truck are yet to be traced. The co-accused i.e. the driver of the second truck is absconding along with the truck. In view of this, it is not a fit case to grant bail at this stage. 4. Hence, application is rejected. (D.G. KARNIK,J.)