1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.2560 of 2008. [Abdul Atique Abdul Majid] Vs. [State of Maharashtra] ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. S/Shri Nikhil Gaikwad & Md. Parvez Dokadi Advocates for applicant. Mrs. T. D. Khade, APP for Respondent. Coram : A. H. JOSHI,J. Dated : 28-07-2008. 1. This Court had directed notice and passed interim order of anticipatory bail on 14-07-2008. 2. Today learned APP has tendered case diary. 3. The very fact of complaint is astonishing namely the complaint of theft of she-buffalo which had occurred on 15-2-2008 of the complainant, done on 15-2-2008 by the accused, who himself does 2 the business of slaughtery, is filed after 2 ½ months on 30-5- 2008. 4. The complainant has cited one Shri Firoz Khan who is a driver as witness. 5. Perused the statement of this witness, which is punctually recorded by the police on 31-5- 2008. 6. This witness states that he had seen the accused taking away the she-buffalo, description of which matches with the description of the stolen she- buffalo, and further states that when the complainant was searching for the she-buffalo, he has told him that he has seen the accused driving the buffalo. 7. These two solitary statements are sufficient at this stage to believe that the story 3 couched through First Information Report has quite large room of doubt. 8. In the result, the accused is entitled for bail as sought. 9. The interim order granting bail passed by this Court on 14-7- 2008 is made absolute. JUDGE Sbm