1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4678 OF 2010 Syyad Aadam S/o Sayyad Amar ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Ku. Priyal D. Savant, holding for Mr. N.L. Jadhav, advocate for applicant. Mr. N.H. Borade, A.P.P. for respondents. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 25 th November, 2010. PER COURT : 1. The applicant seems to have escaped the arrest and unsuccessfully applied for directions under Section 438 of the Criminal Procedure Code before the Sessions Court. Since his application was turned down, he has approached this Court with present application. 2. Heard learned Advocate appearing for applicant, Ku. Priyal D. Sawant holding for Mr. N.L. Jadhav. She would submit that the applicant apprehends arrest in the context of the alleged crime, which is based upon only suspicion. She would submit that there is solitary version of the truck driver i.e. Sunil Pote, though there is no prima facie evidence to show that the applicant 2 received the stolen property. 3. What appears from the F.I.R. and the relevant avernments in the Remand Yadi is that in a truck vehicle bearing Registration No. GJ-1 BY 5576, the grocery articles viz; Jiras, Badisop etc were sent from the premises of M/s Ashirwad Enterprises, Inja, District Mhaisana (Gujarat) for reaching the same to the business premises at Hyderabad. Sunil Pote, who is said to be the main accused was driving the truck vehicle. He reported to the Master that on 10.10.2010 at about 1 a.m. the truck was intercepted on the road near village Yedshi Railway crossing. He reported further that some unknown persons assaulted him and thereafter took away the goods from the truck. On close enquiry, it was noticed that the story narrated by the driver was inconsistent and there was no grain of truth in the version given by him. It was revealed during the course of investigation that the grocery articles were sold to the applicant by the driver of the truck and his cousin, by name, Sharad Pote. The grocery articles valued Rs. 7,14,821/- were recovered from the premises of the applicant. 4. It appears, prima facie, that the applicant found in recent custody of the grocery articles, which were misappropriated by the main accused i.e. Sunil Pote. It also appears that the 3 recovery of the grocery articles was effected on the basis of the information given by Sunil Pote. Under these circumstances, the applicant can not be regarded as unconcerned with the alleged crime, and therefore, is not entitled to seek anticipatory bail. The application is dismissed. The observations made in this order may not be considered while deciding any other application on its merits. (V.R.KINGAONKAR) JUDGE gas/cri4678.10