1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1771 of 2010 Nitin Subhash Bathe ..VERSUS.. State of Maharashtra, through, P.S.O., P.S., Khadan, Dist. Akola. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.M.Mardikar, Advocate for the applicant. Mr. S.M.Bhagde, A.P.P. for Respondent/State. CORAM : Prasanna B. Varale, J. DATED : 01 st Decem ber , 2010 . Heard. By the present application, the applicant is seeking anticipatory bail in connection with Crime No. 58/2010 registered with Police Station, Khadan, Dist. Akola for the offences punishable under Sections 438, 323, 506, 341, 427 of I.P.C. as he is apprehending arrest. A report was lodged on 24/2/2010 by one Nandkishor Bute that the metador vehicle bearing no. MH-04/F-6097 driven by him was stopped one person, who was riding motorcycle. The complainant was asked by the motorcycle rider as to whether that metador vehicle belongs to one Charandas. The complainant replied in negative. On negative reply, the complainant was assaulted by the said motorcycle rider. The complainant was thereafter asked to get down from the vehicle and the metador vehicle was set on fire. Learned Advocate for the applicant submits that except the physical appearance, there is nothing to disclose the identity of the person, who alleged to have assaulted and set the vehicle on fire. Learned Advocate for the applicant submits that after lapse of considerable time i.e. after 7-8 months, the police authorities on suspicion are behind the applicant. Learned Advocate for the 2 applicant has moved an application before the Judicial Magistrate, First Class, Akot against one Charandas Madhukar Ingle, who was the owner of the metador vehicle bearing registration No. MH-04/F-6097 on the ground that the said Charandas has committed breach of conditions imposed while releasing the vehicle seized by police. The sum and substance of the allegations in the application is that inspite of prohibition to sell the vehicle, said Charandas sold the vehicle to one Vijay Mangle. Learned Advocate further submits that apart from suspicion, there is no material to connect the applicant with the said crime. Learned Advocate for the applicant submits that during the period of ad-interim protection, the applicant has cooperated with the investigating agency and has attended the authorities as and when called by them and ready to cooperate and abide by the conditions imposed by this Court, in future also. He, therefore, for confirmation of the ad-interim order dated 29/10/2010. Per contra, learned APP has filed reply and opposed the application. Learned APP submitted that there is sufficient material brought by the investigating agency against the applicant. He, therefore, prayed for rejection of the application. Perusal of the record shows that except the ground of suspicion by the agency that the applicant is having inimical terms with the owner of the vehicle, namely Charandas, there is no material to connect the applicant with the said crime. No reason is coming forward as to why the agency has not taken any efforts to identify the unknown person as alleged in the report when the description is given in the report. In the reply filed by learned APP, it is stated that statement of the applicant is recorded on 03/11/2010 and in that statement, the applicant has made a confessional statement about setting the vehicle on fire. Interestingly, in the counter affidavit filed by the applicant, it is stated that the investigating agency obtained signature of the applicant on blank papers and used those signatures 3 against the applicant. In view of this controversy, except mere suspicion that too after lapse of period of 7-8 months after lodging the report, cannot be said to be sufficient material to connect the applicant with the crime. In my opinion, prima facie case is made out by the applicant for grant of protection in the said crime. In the result, the application is allowed. The interim protection granted by this Court on 29/10/2010 is confirmed on the same conditions with the following added conditions : The applicant to cooperate with the investigating agency and attend the police station, Khadan, Dist. Akola on every Sunday between 9.00 a.m. to 12.00 noon, till filing of the charge sheet and thereafter as and when called by the police. The applicant to maintain the diary of his attendance duly signed by the investigating officer. The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. In case the applicant is moving out of the area of police station, Khadan, Akola, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Criminal Application is disposed of. Hamdast permitted. JUDGE Diwale