1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.725 OF 2010 Mr. Tushar D. Jagtap. ..Applicant. Vs. State of Maharashtra and anr. ..Respondents. Mr.P.D.Desai for the Applicant. Mr.A.S.Gadkari, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 17th March, 2010 PC : 1 This is an application for grant of anticipatory bail made by the applicant who is the Sales Officer of BPCL which is a Govt. owned oil company and a public sector undertaking engaged in business of refining and marketing of petroleum products, running LPG bottling plants, distribution networks etc. It appears to be the allegation that one dealer by name Swagat Gas Agency distributed LPG cylinders to the persons who were mis- 2 utilizing the said cylinders for unauthorized purpose like use of vehicles and other commercial activities. In so far as present applicant is concerned, he is prima facie not directly connected with the acts of dealer against whom allegations are made. The learned A.P.P. contends that under Order 9 of the Liquified Petroleum Gas (Regulation of use in Motor Vehicles) Order 2001 the present applicant has got power of search, seizure and to take action against the use of unauthorized sale of cylinders. It is contended that he has not exercised this power. It is also the case of the prosecution that by not exercising this power he has connived with the dealer. It is fairly conceded that apart from the mention of name in the F.I.R. and the show cause notice issued by the Tahsildar, Manmad, there is no other material collected in the investigation to indicate any active connivance on the part of the present applicant. Mere deliriction of duty may, by itself, amount to a criminal offence. In the 3 circumstances, I am inclined to grant anticipatory bail. It is directed that on furnishing surety in the sum of Rs.25,000/- with one surety in the like amount, the applicant may be released on bail subject to condition that the applicant will report to Manmad Police Station between 11.a.m. and 3.00 p.m. on 22.3.2010 and 23.3.2010 or any other day when the Investigating Officer may call him for investigation by notice in writing and subject to the further condition that he will not tamper with the witnesses and evidence. It is made clear that these observation will not be used by the trial court at the stage of trial. Application is disposed off. 3 All the concerned to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)