1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 452 OF 2011 GULAM SABIR GULAM SHABBIR ..VERSUS.. STATE OF MAH., THROUGH P.S.O., P.S., DURGAPUR, DIST. CHANDRAPUR. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. R. Wagh, Advocate for the applicant. Mr. S. S. Doifode, A.P.P. for the respondent/State. CORAM : PRASANNA B. VARALE, J. DATED : 29 th AUGUST , 2011 . Heard Mr. A. R. Wagh, the learned counsel for the applicant and Mr. S.S. Doifode, the learned Additional Public Prosecutor for the respondent/State. A First Information Report dated 22.06.2011 came to be lodged at Durgapur Police Station, Dist. Chandrapur on the report of the complainant namely Prashant Amrutrao Mendpilwar, Assistant Manager, Tumla Infrastructure, C.T.P.S., Urjanagar, Chandrapur. It is mentioned in the report that the complainant was informed through the General manager over phone that on 22.06.2011, the security personnel, engaged in the premises of the Company, caught two persons red handed while committing theft of the steel material. On enquiry, it was told by one security guard namely Shivcharan singh that in the intervening night of 21.06.2011 and 22.06.2011, 4 - 5 persons entered in the yard with an intention to commit theft and while they were committing theft, 2 the security personnel were successful in apprehending two persons namely Shaikh Mujib Abdul Gaffar and Prakash Sadashiv Kodape, while the other persons fled away from the spot. On the said information, the First Information Report came to be lodged. Mr. Wagh, the learned counsel for the applicant submitted that there is hardly any material against the applicant. The learned counsel for the applicant further submitted that the applicant is a businessman carrying out the scrap material business and he is in no way concerned with the said crime. The only material available with the investigating agency against the applicant is in the form of statement of co-accused and as such in view of such an insufficient material, the applicant is entitled to be released on bail. The learned counsel has further submitted that if the applicant is released on bail, he will abide by the conditions imposed upon him by this Court. On the other hand, Mr. Doifode, the learned Additional Public Prosecutor for the State has strongly opposed the application. The learned APP has invited my attention to the material collected by the investigating agency. He submitted that on lodging of the report, the investigation was proceeded and it was revealed in the investigation that there were 6-7 persons, who came on the spot in the relevant night and when the shouts were raised by the security guards, those persons left the material there and tried to assault the security guards. The investigation also revealed that the accused persons were wearing black clothes and when the security guards open fire in 3 air, even then those persons did not bother to stop their activities and instead, they rushed to beat the security persons. The learned APP further submitted that it is also revealed in the investigation that the applicant is the owner of a vehicle i.e. loading rikshaw and the vehicle loading rikshaw was used for commission of theft of steel material. The learned APP, further submitted that there is a prima facie material against the applicant and if the applicant is released on bail, there is every possibility that the witnesses may be pressurized and it may cause hurdle in the further investigation to reach the other accused persons, who fled away from the spot. He, therefore, prayed for rejection of the application. On hearing the learned APP for the State and on perusal of the material, I am of the opinion that there is prima facie material against the applicant. The material collected by the investigating agency also show that this is not a fit case to release the applicant on bail. The application is devoid of merits. In the result, the criminal application is rejected. JUDGE Diwale