1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2629 OF 2009 Barku Asaram Gaikwad Versus The State of Maharashtra *** Mr. A. S. Barlota, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** 1. Heard learned counsel for the accused/ applicant extensively. He informs that the accused/ applicant, while working as a Grader allegedly held to be responsible for having purchased cotton with the more quantity of moisture without permissible limits and that there were irregularities committed by the accused/ applicant. 2. The counsel informs that there was a fire on 4th May, 2009. Fire brigade was called and consequently by use of the fire extinguisher it may be that the cotton suffered. There was heavy rain on 14th and 15th March, 2009. As such, the purchased cotton became wet. This was informed by the accused/ applicant to the Deputy Manager by his letter dated 16th March, 2009 and sought instruction. The letter, in the earlier line, was issued by name to the learned Tahsildar. 3. Accused/ applicant contends he proceeded on leave on 28th April, 2009 since he was not keeping well. The fire has taken place on 4th May, 2009. 4. It was also contended that by virtue of order dated 17th July, 2009 in Criminal Application No.1762 of 2009 this Court, on the application of another Grader 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Chandrakant Dahebhate directed him to be enlarged on bail in the event of arrest. Counsel informs that case of present applicant is in identical parameters with the case of said Chandrakant and deserves pre-arrest bail. 5. The factual matrix prima facie indicts the accused/ applicant it is not as simple as the accused applicant has addressed. It was that prima facie deliberate intention that the cotton with moisture without proper authority was purchased and since by the process the cotton got changed, to its colour and complexion there was increase in heat of cotton due to staking, J.C.B. machine on 4th May, 2009 was used, it is a jolt probably created by the accused applicant to destroy the evidence. 6. The suspension of the Deputy Manager by itself will not be a ground to stake pre-arrest bail. The statement of witnesses implicates the accused/ applicant. He was even warned not to indulge in such activities. In the situation, no case for pre-arrest bail. Rejected. 7. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:18/08/2009. ans/2629