1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 760 OF 2010 Sugriv Baburao Ghuge ...Applicant VERSUS The State of Maharashtra and anr. ...Respondents ..... Shri M.M.Avhad, advocate for the applicant Smt.Vaishali Shinde, A.P.P. for the respondents. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 23rd March, 2010 PER COURT : 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest in CR No. 9 of 2010, registered at Parli (R) police station for the offences punishable under Sections 394, 341, 363 and 506 of the Indian Penal Code. 2 3 It appears that the complaint had been registered on the report lodged by Babu Munna Rathod on 14.1.2010 alleging that on 13.1.2010 the applicant Sugriv and his associates wrongfully restrained the complainant and blamed him that he had deceived labourers and assaulted him by kick and fist blows and sticks and then forcibly dumped him in the auto rickshaw and brought him to Wadgaon, where also he was assaulted by the applicant and his associates and snatched away his gold locket amounting to Rs. 15,000/-, as well as finger ring weighing about 5 gms. worth Rs.7,500/- and mobile of Carbon company worth Rs. 3,200/-, as well as cash amount of Rs. 50,000/- from his pocket was robbed by the said persons. Thereafter the complainant was brought at Nathra by auto rickshaw and again he was assaulted there and he was dropped near dispensary of Dr. Wangikar. It is also alleged that the applicant threatened to kill the son of the complainant. 4 On the afore said background, learned counsel for the applicant submitted that there is delay in lodging the first information report, since the alleged incident occurred on 13.1.2010 and the first information report came to be lodged on the next day i.e. on 14.1.2010. Learned counsel for the applicant also urged that basically there was civil dispute, which was alleged converted into criminal dispute to implicate the applicant 3 in the alleged crime. Learned counsel for the applicant further pointed out that initially the applicant was granted interim anticipatory bail on 30.1.2010 and he has cooperated with the investigation, and therefore, it is necessary to enlarge the applicant on anticipatory bail. 5 Learned APP opposed the present application vehemently and submitted that the gold ornaments, cash amount as well as the auto rickshaw by which the complainant was abducted, are yet to be recovered and the investigation is still under progress, and therefore, submitted that the present application bears no substance and be rejected. It is also pointed out that since the date of offence, the applicant was absconding, and therefore, the gold ornaments and cash amount could not be recovered. 6 On perusal of the investigation papers and after considering the rival submissions of the learned counsel for the parties, at the out set, the applicant had preferred the application for anticipatory bail bearing Misc. Criminal Application NO. 37 of 2010 and same was rejected by the learned Adhoc Additional Sessions Judge-1, Ambajogai by order dated 16.2.1010. Moreover, there are specific allegations against the applicant in the contents of the first information report in respect of assault upon the 4 complainant by way of fist blows and leg kicks and snatching of gold ornaments and cash amount from the possession of the complainant and same is yet to be recovered. Moreover, the investigation is still under progress and same has not been completed. Besides, the sight cannot be lost of the aspect that the applicant was absconding, and therefore, the afore said gold ornaments and cash amount could not be recovered so far. In the light of the afore said matter, I am of the view that the custodial interrogation of the applicant is necessary for the purpose of further progress in the investigation. Hence, present application deserves to be rejected. 7 In the result, present Criminal Application No. 760 of 2010 being sans merit, stands dismissed. (SHRIHARI P. DAVARE, J.) dbm/crap760.10