1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2838 OF 2010 Bapu s/o Janaji Bade Applicant Versus The State of Maharashtra Respondent Mr.Sandeep S. Deshmukh, advocate for the applicant. Mr. P.P.More, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 11 th August, 2010. P.C.: 1 By the present application, the applicant prays for his release on anticipatory bail in the event of his arrest in connection with CR No.I-80/10, registered in Shevgaon Police Station, District Ahmednagar, for the alleged offence under Section 406 read with Section 34 of the Indian Penal Code and under Sections 3 and 7 of the Essential Commodities Act. 2 The papers show that initially, after the application was moved on 21.07.2010, the applicant was protected by an interim order to release him in the event of his arrest in connection with this Crime. 2 3 Today, when the application came up for final hearing, heard Counsel for the applicant and learned A.P.P. appearing for the State. Also perused the papers of investigation till carried out. 4 It cannot be disputed that the said offence came to be registered on the complaint of one Ramesh Babarao Kachote, Supply Inspector working in the Supply Department, Shevgaon, District Ahmednagar. It is alleged that on receipt of certain information on 23rd June 2010, the premises - under construction building of the present applicant was raided where from 115 gunny bags containing wheat, each weighing 50 kg, 109 gunny bags containing rice of different quality, each weighing 50 Kg; 31 sealed boxes of palm oil and 10 plastic bags containing 1 liter palm oil were recovered. At that time, one person was found present there by name Pandurang Sonyabapu Popalbhar, a driver of vehicle no.MH-16-Q-7666, who informed that all this stock of food grains, which was found stored there, was carried by him from Shirpur, Tq. Pathardi on 20.06.2010. It is alleged that applicant was present there and when inquired about the stock of food grains found stored in the premises and was asked to produce the relevant record of the fair price shop, without producing any record, he left the premises. Under the assumption that this stock is stored at that place to sell in black market, present complaint is lodged. 3 5 During the course of submissions across the bar, Counsel for the applicant taken me through the documents annexed with the application, which indicate that the food grains found stored in the premises under the control of the present applicant, were ordered by him and were carried on 20.06.2010, for which transport permit was placed on record. He has also produced the stock register of wheat, rice and palm oil, which is received by him, sold by him and the balance. The register was verified and signed by Tahsildar, Shevgaon, from time to time. The stock mentioned in the stock register and stock, which is found stored in the premises, tallied. If it is so, then only the grievance, which required to be sorted out is, whether the food grain stock found in the premises was stored for black marketing. Other than allegation, nothing is on record to that effect. 6 It is tried to urge across the bar by learned A.P.P., appearing for the State, that in the investigation till carried out, statements of certain card holders were recorded wherein they have stated that they have not received wheat and rice, which they are entitled to receive on their cards. It is to be noted that the complaint is not to that effect, but the complaint is otherwise. Considering the aspect that the stock register purchased by the applicant tally with the stock, which is allegedly found to be stored, which was purchased from the concerned shop owners by the present applicant, for which he has also produced on record the transport permit and found entered this stock in his stock 4 register. 7 Considering these aspects, applicant is not required for custodial interrogation. A case is made out to enlarge the applicant on anticipatory bail in the discretionary jurisdiction of this Court. Hence the application requires following order: ORDER (a) Criminal Application is allowed. (b) Interim protection granted to the applicant vide order dated 21.07.2010 is hereby extended till filing of the charge sheet. (c) Within meantime, applicant to report in Shevgaon Police Station, if required, on written intimation by the Investigating Officer concerned investigating CR No.I-80/10, (d) Applicant to cooperate with the investigating agency by producing all relevant record whenever required. (e) Application stands disposed of. (A.V.POTDAR) JUDGE ******* adb/criapln283810