1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 332/2011 Kuldip Jagannath Gawande ..vs.. State of Maharashtra, thr. PSO P.S. City Kotwali, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. V. Sirpurkar with Mr. N.B. Jawade, Advocate for applicant. Mr. V. A. Thakre, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : NOVEMBER 30, 2011. 1. Heard learned counsel for the parties. 2. There was a theft in the house of the applicant on 09.03.2011. For that, he had lodged a report to the police. The police had visited the house and while recording the spot panchanama, they noticed two revolvers lying on the bed. It is the case of the applicant that he had already obtained Arm License for self protection and it was valid. However, the entry of weapon in the license was blank since he was yet to purchase the weapon and produce it for inspection. 3. After noticing two revolvers lying on the bed, the police did not seize it immediately. On 10.05.2011, the police asked the applicant to produce the weapons. Accordingly, the applicant produced the weapons. They were taken in custody. However, for registering the offence,police again took three months. 2 4. The explanation of the applicant is that he is a law abiding citizen and has no criminal antecedents. These two weapons were left by his forefathers of which he had no perfect knowledge. This is for the reason that Smt. Kokilabai wd/o Jagannath Gawande had adopted him on 14.02.1982. Although, possessing the weapon, may be left by forefather, is an offence, the fact remains that the applicant did not indulge in hiding the same, which is obvious from the fact that when the police came to make spot panchanama in connection with complaint of theft, the weapons were lying on the bed. Further, there is no evidence of misuse of the weapons. This Court (Coram: U. V. Bakre, J.) vide order dated 26.09.2011 continued the interim protection granted by the learned Sessions Judge while disposing of his anticipatory bail application. 5. In that light of the matter, the application is allowed in the following terms: (i) In the event of arrest in Crime No.3081/2011 registered with Police Station, City Kotwali, Amravati for an offence punishable under Section 3 (25) of the Indian Arms Act, the applicant-Kuldip Jagannat Gawande be released on bail on his executing PR Bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount. 3 (ii) The applicant is directed to attend Police Station City Kotwali, Amravati as and when directed by the Investigating Officer till the filing of the chargesheet. 6. Hamdast allowed. JUDGE kahale