{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 297 OF 2010 Rajendra s/o Hansraj Ostwal Age-49 years, Occ-Business R/o Brahman Galli, Neharu Road, Kadrabad, Jalna APPLICANT VERSUS The State of Maharashtra Through Police Inspector Sadar Bazar Police Station, Jalna RESPONDENT ....... Mr.B.R.Waramaa, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... WITH CRIMINAL APPLICATION NO. 262 OF 2010 Amrut s/o Ramdas Attarde, Age-57 years, Occ-Service R/o 77, ‘Renukai’, Ramnagar Colony Jalna APPLICANT VERSUS 1. The State of Maharashtra Through Superintendent of Police Jalna, Dist-Jalna 2. Police Inspector Sadar Bazar Police Station, Jalna RESPONDENTS ....... {2} Mr.P.C.Patel, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... WITH CRIMINAL APPLICATION NO. 316 OF 2010 Ajit Birdichand Kothari, Age-35 years, Occ-Business R/o Nehru Road, Jalna APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... WITH CRIMINAL APPLICATION NO. 471 OF 2010 Ambadas s/o Dashrath Ingale, Age-40 years, Occ-Business R/o Nal Galli Jalna APPLICANT VERSUS The State of Maharashtra Through Police Inspector Sadar Bazar Police Station, Jalna RESPONDENT ....... Mr.S.S.Agrawal, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] {3} DATE: 5th February 2010 PER COURT: 1. These are the applications, by which the respective applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.3106/2009 registered with Sadar Bazar Police Station for an offence punishable u/s 3 & 7 of the Essential Commodities Act and u/s 420 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for respective applicants and learned APP. Perused the record, which was made available for my perusal. 3. It is not disputed that the applicants are President, Secretary and Head Master of the school respectively. While applicant in criminal application No.471/2010 is said to be in employment with applicant in criminal application No.297/2010, however no positive record in that regard is coming forth and the applicant has contended that he has no concern with the other applicants and the concerned school. 4. It appears that a trap was laid by the patrolling squad and two auto rickshaws, carrying 50 gunny bags each of rice allegedly belonging to M.S.Jain Prima School, were intercepted. It {4} is alleged that the said rice was supplied to the said school for “Mid Day Meal” scheme and the same was being transported, in other bags, to sale in black market. It is alleged that during the interrogation of the drivers, names of the present applicants are revealed and hence they are before this Court for their release on anticipatory bail. 5. It is urged by learned counsel for applicants that no record is coming forth to show that the goods seized are the same which were supplied to the concerned school under the “Mid Day Meal” scheme. It is further urged that on the contrary, the record, which is before this Court, indicates that the food grains which were supplied to the said school were fully utilized. 6. No record, at least at this juncture, is coming forth to indicate that there is difference between the stock supplied to the concerned school and the stock utilized by the said school under the said scheme for cooking meals. Even the letter issued by the supply officer to Investigation Officer, indicates that it cannot be said that the rice which is seized, is the same rice, which was supplied to the said school for the said scheme. In the premise, prima facie, there is no link which connects the accused with the accusation. Consequently, the applicants deserve to be enlarged on anticipatory bail. 7. In the result, all the applications are allowed. The {5} interim protection is hereby confirmed. The applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount in connection with CR No.3106/2009 registered with Sadar Bazar police station, Jalna. This protection is granted for a further period of 6 weeks, within which period the applicants may apply for regular bail, if so advised. The applicants to attend the concerned police station on each Wednesday and Saturday between 1.00 and 4.00 p.m. till completion of the investigation. The applicants are at liberty to move for relaxation of this condition after completion of the investigation. [A.V.POTDAR, J.] drp/A10/criapln297-10