IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.413/2011 ( Ajmad Khan S/o Mumtaz Khan and others ..Vs.. State of Maharashtra, through P.S.O. Channi, Distt. Akola ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Mirza and Mr. Mohd. Shoeb, Advs. for applicants. Mr. V.A. Thakre, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 8.12.2011. 1. This is an application under section 438 of the Criminal Procedure Code for issuing the directions to release the applicants on bail in the event of their arrest in Crime No.62/2011 registered with the police station Channi, Distt. Akola under sections 324, 342, 504, 506, 365, 348 read with 34 of the Indian Penal Code. 2. The complainant Subhash Shindwe, aged about 35 years, was carried away by the applicants in a farmhouse. The applicants were alleging that the complainant had committed theft of their motorcycle. One Mr. Subhash Jain (who is also employer of the complainant) went there. It is alleged that the complainant was confined in the room for whole night and in the morning he was let off. 3. From the averments in the F.I.R. the case punishable under section 365 of the Indian Penal Code is not made out. The fact that Subhash had reached to the place where the complainant was allegedly confined shows that abduction was not with intent to secretly and wrongfully confine the complainant. The appropriate provisions applicable are sections 348, 323 and at the most 324 of the Indian Penal Code. 4. In that light of the matter, the application is allowed. In the event of arrest of the applicants in Crime No.62/2011 registered with the police station Channi, Distt. Akola under sections 324, 342, 504, 506, 365, 348 read with 34 of the Indian Penal Code they be released on bail on their executing P.R. bond of `25,000/-(` Twenty Five Thousand Only) each with two solvent sureties each in the like amount with condition that they shall attend the police station Chhani, Distt. Akola for one week between 10 a.m. to 2 p.m. and as and when called by the Investigating Officer for the purpose of investigation. JUDGE Tambaskar.