1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4089 OF 2009 Sk.Imtiyaz Sk.Mainoddin, Age-29 years, Occu-Business, R/o.Cidco, Nanded APPLICANT VERSUS State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent/State (CORAM : A.V.POTDAR, J.) DATE : 27/11/2009 PER COURT : 1. By the present application, the applicant has prayed for his release on bail in connection with CR No.115/2009, registered in Itwara Police Station of District Nanded in connection with an offence registered u/s. 364-A, 387 of IPC. 2. Heard advocate for applicant followed by the submissions of learned APP for State. Papers of investigation till carried out were placed in my hand. 3. Considering the submissions across the bar, it appears that 2 this offence was registered in Itwara Police Station on the basis of complaint lodged by one Shrikant Ganeshrao Bandewar, that in the evening of 26/09/2009, his six years old son Omkar was found missing. In the evening, on the cell phone bearing no.9881230230, he received phone call from cell phone no.9370090885 from some unknown person that they have kidnapped his child. In that night, three phone calls were received from the same cell phone and there was demand of ransom in the sum of Rs.10,00,000/- and on refusal to pay the ransom, threat was given that they will kill the small child. 4. It is brought to the notice that during the investigation from where the said SIM card was purchased, the present applicant and his salesmans were arrested as they were the distributors of Reliance Company. As per their record, according to learned counsel appearing for applicant, this SIM card was sold to one Raosaheb Waghmare. It is further alleged that this Raosaheb was located by the police, but he denied that he had purchased the said SIM card. 5. It is the submissions across the bar that the applicant accused be released on bail on two grounds, first that the present applicant is the distributor of Reliance Company and after the application was submitted for issuance of SIM card by the said Raosaheb, SIM card was issued to him and the number was activated after the documents were verified by the Company. In the premise, if the SIM card is misused or used for any illegal purpose, he can not be held responsible as a conspirator if some culprit has used the said SIM 3 card in some offence. As against this, it is submitted across the bar that on the basis of information provided by this applicant the said Raosaheb was located by the Investigation Officer, It is also urged across the bar that his statement was recorded during the investigation and he had denied that he had purchased the said SIM card. 6. Considering these submissions across the bar, when the authorized Distributor of the Company issued the SIM card and the SIM card was activated after the documents submitted by this Raosaheb were verified by the company. Without verifying those documents with the Company, in reality whether this SIM card was issued to this Raosaheb as at the time of submitting the application for obtaining the SIM card, the photograph of the applicant required to be affixed on the said application, without verification of those documents whether in reality, Raosaheb has applied or has not applied, it appears that the Investigation Officer has given clean chit to the said Raosaheb that he has not purchased the said SIM card from which phone call for ransom was received by the complainant appears to be very strange. As to why this Raosaheb was not taken in custody for interrogation, prosecution is unable to explain all these things. 7. If the person who has purchased the SIM card and on using that SIM card, if the complainant has received the call for ransom, that person merely on his statement of denial, is kept escort free by 4 the Investigation Officer, but the authorized distributor of the company is booked for selling the SIM card to that Raosaheb. It smells something otherwise, but it is a fit case to enlarge the accused applicant on bail. In the premise, this is the following order- O R D E R 1. Application is allowed. 2. The applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After his release on bail, in case required by the Investigation Officer, he has to attend the concerned police station on requisition in writing by the Investigation Officer whenever required. 4. Application stands disposed of in above terms. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.4089-09