(1) CRI.APP. 4373.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4373 OF 2010 Anil S/o Gajanan Unawane, Age : 55 years, Occu.: Service, R/o Ward No.7, Shrirampur, Tq. Shrirampur, Dist. Ahmednagar .. Applicant (Orig. Accused) VERSUS 1. The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Deputy Superintendent of Police, Ahmendagar Tq. and Dist. Ahmednagar .. Respondent ... Mr. R.N. Dhorde, Advocate h/f. Mr. S.B. Jadhav, Advocate for the Applicant Mr. P.P. More, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 16TH NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for anticipatory bail. 2. The applicant is Manager of the Government Godown at Shrirampur. He apprehends his arrest in connection with crime no. I-264 of 2010 registered at (2) CRI.APP. 4373.2010 Shrirampur Police Station for the offences punishable under section 420, 120-B, 201 of the Indian Penal Code and under section 3 r/w. 7 of the Essential Commodities Act. 3. Having heard learned Advocate for the applicant and learned APP and on perusal of the investigation papers, it prima facie appears that the stock in the Government godown as per report of the Tahsildar, Shrirmapur was found to be proper as per the entires in the concerned register. The report of the Tahsildar, therefore, shows that there was no change in the stock due to any illegal sale of the grains available for distribution through the P.D.S. (Public Distribution System). It appears that the applicant is suspected to be involved in the racket only due to statement of one Somnath Devkar who is a retail shop owner. His statement gives sweeping information. He has not given any particular information regarding the stock which was seized by the Police during the course of alleged raid. The FIR does not indicate name of the applicant as a co- conspirator. The FIR shows that the wheat was (3) CRI.APP. 4373.2010 purchased from one Bilal Shaikh. Obviously, the material gathered during the course of investigation does not justify the arrest of the applicant for the purpose of any effective investigation as such. His arrest is likely to humiliate and harass him. 4. In the result, the Application is allowed. The applicant shall be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of Rs.15,000/- (Rs.Fifteen Thousand) before the Arresting Officer and on further condition that he shall attend the concerned Police Station on each Sunday between 10 am. to 2.00 pm. and shall actively participate during the course of investigation and shall give necessary information as may be required by the Investigating Officer. He shall attend the concerned Police Station for four consecutive Sundays henceforth. Sd/- [V. R. KINGAONKAR, J.] arp