- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2720/2010 Dnyandeo Ganpat Khetmalas, age 75 yrs., occu.agri., r/o Mirajgaon Tq.Karjat Dist.Ahmednagar. ...Applicant.. Versus 1] The State of Maharashtra. 2] Superintendent of Police, Dist.Ahmednagar. ...Respondents... ..... Smt.S.S. Jadhav, Advocate for applicant. Smt.V.A. Shinde, APP for respondent nos.1 & 2. ..... CORAM: A.V. POTDAR, J. DATE: 28.07.2010 PER COURT: - 2 - 1] By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with Crime No. 10/2010 registered in Karjat Police Station of District Ahmednagar. 2] The application was moved on 19.7.2010 and on that day, after hearing the parties, interim protection was granted in favour of the applicant. 3] It appears that Crime No.10/2010 was registered in Karjat Police Station of District Ahmednagar on the complaint of Taluka Supply Officer as on receipt of secret information, premises behind the hut of one Subhash Manik Pawar r/o Jalkewadi Shivar were searched. During the search, 10 tins / barrels of blue colour kerosene were recovered. On interrogation of the said Subhash Manik Pawar, it revealed that the stock, which was recovered of kerosene stored behind his hut, was in fact of the present applicant. The applicant is resident of Mirajgaon, which is situated at a distance of 40 Kms. Other than the statement of accomplice - the arrested accused - Subhash Manik Pawar, there is nothing on record to indicate that the recovered kerosene was under control / stored by the present applicant. Statement of an accomplice is not admissible in evidence. If there is no other evidence collected during investigation other than the statement of accomplice, a case is made out to exercise the discretion in the extraordinary jurisdiction of this Court to grant the anticipatory bail in favour of the applicant. In view of this, following order. - 3 - 4] Application is allowed. Interim protection granted on 19.7.2010 to the applicant is confirmed and to be continued till filing of charge-sheet. Application stands disposed of accordingly. The applicant to attend Karjat Police Station if required under written intimation by the investigating officer till filing of charge- sheet. It is made clear that the observations in this order are prima facie made on the basis of investigation till carried out and not to be influenced by the concerned Judge of the criminal Court if something otherwise is revealed during the investigation. (A.V. Potdar, J.) ndk/cr2871025