(1) CR.APP. 2107.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2107 OF 2009 Pandurang S/o Abaji Sakhare Age : 35 years, Occu.: Agri., R/o Dhangar Takli, Tq. Purna Dist. Parbhani .. Applicant Versus 1] The State of Maharashtra, through the Police Station, Purna, Tq. Purna, Dist. Parbhani 2] The District Superintendent of Police, Parbhani, Tq. and Dist. Parbhani .. Respondents Mr. J.M. Murkute, Advocate for the Applicant Smt.S.B. Wadmare, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 13TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no.99 of 2009 registered at Purna Police Station, for the offence punishable under section 380 of the Indian Penal Code. 2] It is alleged that the applicant committed theft in the house of the complainant during the (2) CR.APP. 2107.2009 night between 12th and 13th June, 2009. The complainant stated that during that night, she was sleeping on the terrace in her house. She had kept the main door of the house open, because her husband was expected late in the night. She said at about 1.00 am. in the night she went in the house and saw the applicant in her house. She shouted, raising alarm. The applicant vanished in darkness. Even the next door neighbour said that she too saw the applicant running away from the terrace of the complainant’s house. But the complaint was lodged belatedly at about 4:00 pm. on the next day. The complainant’s husband came at about 9:00 am. in the morning and thereafter she took stock of the situation and she found that her gold ornament and cash of Rs.12500/- had gone missing. She waited till her brother in law came to her house and then lodged a complaint belatedly at about 4:00 pm. 3] The entire narration in the complaint as well as the narration of the eye witness creates prima facie impression that this is a false case. Had the incident been taken place, the male members in the neighbourhood would have certainly raised alarm. They would have certainly chased the culprit. They would have gone to his house. They would have gone to the house of the Police Patil. They would have lodged a complaint immediately after the incident. If this did not occur then, it must (3) CR.APP. 2107.2009 be presumed that prima facie this complaint is filed out of some enmity and so the applicant deserves bail. 4] In the event of the applicant’s arrest in this case, he shall be released on bail of Rs.10,000/- (Rs. Ten Thousand) with one surety in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/13july9/cr2107.09