1 CRI.APP.NO. 2207/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.2207 OF 2009. Himmat S/o Murji Kataria ...Applicant. Versus The State of Maharashtra ...Respondent. .... Mr.D.S.Bagul,Advocate for the applicant. Mr.J.S.Gavane,APP for the respondent. .... CORAM: A.V.NIRGUDE, J. DATE : 14th July, 2009. COURT’S ORDER: 1. The applicant is seeking bail in crime No.II-6/2004, registered at Parner Police Station, Dist. Ahmednagar, for the offence punishable under Section 3 & 7 of the Essential Commodities Act. 2. On 13th April, 2004 at about 03.00 p.m. a 2 CRI.APP.NO. 2207/2009. factory was raided by police and it was found that the factory owners had stored contraband in violation of Section 3 & 7 of the Essential Commodities Act, 1955. The applicant was present at the factory site at that time, but was not arrested. Apprehending the arrest, the applicant moved an application for an anticipatory bail before this Court some time in June, 2004. But his application came to be withdrawn before the arguments could be advanced. The other accused Khimji who is brother of the applicant was granted anticipatory bail mainly because he was not present at the factory site at the time of the incident though he is one of the Directors of the company and owns the factory. Despite the withdrawal of the applicant's application, the Investigation Officer did not arrest him till recently. I am told that the police filed charge sheet pursuant to the crime No. 6/2004, but did not show the applicant's name as an accused in the said case. It is specifically mentioned in the charge-sheet that the action is not taken against the applicant because the Court had ordered deletion of his name. 3. Shri J.S.Gavane, learned APP explained that this was an error on the part of the Investigation Officer. He said the Investigation Officer was under erroneous impression that while disposing of the 3 CRI.APP.NO. 2207/2009. anticipatory bail application filed by the applicant and his brother Khimji, the Court had ordered the deletion of the applicant's name from the case. I am not quite convinced that for this erroneous reason, the Investigation Officer would avoid taking action against the applicant. But assuming that due to such misunderstanding, the applicant was not arrested at relevant time, there is no reason now to arrest him for the purpose of investigation. The investigation is long back over and the charge sheet is also filed. The applicant, thus is entitled to bail. The application is allowed. i) In the event of his arrest in this case, the applicant is released on bail of Rs.10,000/- (Rs.Ten Thousand only), with one surety in the like amount. (A.V.NIRGUDE, J.) lkp