1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2829 OF 2010 The State of Maharashtra .. Applicant. Vs. Anil Narayan Kudali & Anr. .. Respondents. Smt.A.T.Javeri APP for the applicant. CORAM : J.H.BHATIA, J. DATED : MARCH 4, 2011. PC: 1. This is an application for cancellation of anticipatory bail granted to the respondents in Crime No.64 of 2009 under sections 379, 506 read with 34 of IPC registered at Rajapur police station. 2. As per the FIR lodged by one Saeed Abdul Hanif Khan driver of the trailer on 22.11.2009, his trailer loaded with liquor boxes met with an accident. At about 9.30 pm three persons came by one auto rikshaw and they were removing boxes of the liquor from the said trailer. The first informant i.e. driver and cleaner objected to the same but those persons threatened and, therefore, driver and cleaner had to keep quiet. While hiding in adjoining forest they saw that the property was being removed from trailer. As per the FIR, shortly thereafter the police van came there, possibly on getting information from somebody else. Seeing the police, all S 2 the three culprits ran away leaving the auto rikshaw and the goods loaded therein. The auto rikshaw was seized alongwith stolen property containing nine boxes of Indian made foreign liquor of Mcdowell company. On the basis of the FIR, offence was registered. 3. The police arrested six persons and from them they allegedly recovered some more property. It is the case of the prosecution that names of the respondents were also disclosed by other accused and, therefore, custody was required for recovery of the property. It appears that after alleged statements of the co- accused were recorded, supplementary statement of the driver of trailer, namely, Saeed Abdul Hanif Khan was recorded on 3.12.2009 and for the first time, about ten days after commission of offence, it was disclosed that more than nine persons were involved. While original story was about removing nine boxes of foreign liquor which were seized on the spot in the auto rickshaw, a new story was about seizure of huge stolen property. 4. In this circumstances I do not find any reason to interfere with the anticipatory bail granted to the respondents. Therefore, the application stands rejected. (J.H.BHATIA, J.)