1 CR.APL NO.443/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 3. APPLN/443/2011 SHAIKH JAMEEL SHAIKH [Criminal] V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.R.Shaikh, Adv., for the applicant. Mr. K.S.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 17-2-2011 1. Complainant's cotton bales were carried in the truck on hire charges. The accused/applicant was a Cleaner while his father-in-law was Driver. The truck, with goods, did not reach its destination. Consequently, after relentless search, it transpired that the entrustment has been rebelled by the accused/applicant and his mentor, the driver of the vehicle. This gave rise to lodging FIR by the owner of the goods Shaikh Hamid on 25.9.2010. At several places contacts concerning the truck were approached, however, no clue could be achieved. The Driver claimed that two persons, while the truck was stationed near a Dhaba, allegedly, removed the truck in their absence for which separate FIR is 2 CR.APL NO.443/2011 allegedly lodged by the Driver being FIR No.1067/2010. Reading the said subsequent FIR or reading the statements of several witnesses, it is explicit that the present accused/applicant though claims not to be working as a Cleaner on the said Truck, however, he was on Cleaner duty as has been stated not by one witness but at least 8 to 10 persons who have come in contact with the truck or with the driver or with the accused/applicant. The truck in question No.MH-29-540 or the cotton bales worth around Rs.16,00,000/- ( Rs. sixteen lacs) are yet to be traced. Custodial interrogation is imperative. Arrest or release of the Driver by itself will not dilute the prima facie responsibility of the accused/applicant. Application lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/443-11crapl