1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 929 OF 2010 (Tufail @ Rais Nazir Ahmad Ansari and another .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.Z. Gharde, Advocate for the applicants. Smt. A.R. Taiwade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 05TH OCTOBER, 2010. Heard. By the present application, the applicants are seeking bail. A report is lodged on 24.07.2007. It is alleged that as per the report, in the godown of one Shri Prakash Gowardhandas Agrawal situated at Nagpur, the medicine articles were stored. Complainant Prakash Gowardhandas Agrawal is the dealer and CNF Agent of GSK Company. The accused persons committed theft in the said godown. The applicants are the accused in the said offence. The application was moved for seeking bail i.e. Criminal Application No. 3078 of 2009 and this Court vide order dated 22nd September, 2009 observed thus :- “In view of the apprehension expressed by learned APP, without observing any thing on merits of this application, it is disposed of with direction to concerned Sessions Court to dispose of trial within three months. Learned APP appearing before me undertakes to communicate his counterpart before the Sessions Court about this order. If the trial is not completed within three months without any fault on the part of applicant, liberty to applicant to apply for bail before the trial Court.” By the present application, It is stated that the applicants are falsely involved in the offence. There is no material in the offence and only on suspicion the accused/applicants are involved. This Court vide order dated 24th August, 2010, directed 2 the JMFC, Kalmeshwar to submit his report. A report is received. The details are given in the report. Perusal of the report shows that because of the non availability of these applicants through Lucknow Police, the Court below was helpless to proceed further. From the report, it is clear that in spite of efforts of the Court, the matter could not be proceeded. I am satisfied with the reasons expressed and submitted in the report. Learned APP submitted that there is prima facie material against these applicants. There is recovery of an amount of Rs.70,000/- at the hands of applicant @ Sartaj as well as Rs.3,500/- from the applicant Tufail @ Rais. An apprehension also expressed that these applicants are from State of UP and they will not be available if they are released on bail. Learned APP also invited my attention to the criminal antecedents of these applicants. In view of the aforesaid facts, I am of the opinion that there is sufficient material against these applicants. The apprehension expressed by the learned APP is justified. In the result, the application is rejected. JUDGE *rrg.