1 ABAG-249.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.249 OF 2011 {For Anticipatory Bail} Rajendra Ramchandra Lokhande .... Applicant Vs. The State of Maharashtra .... Respondent Shri Surel S. Shah for the Applicant. Ms A.T. Javeri, APP, for the State. WITH CRIMINAL APPLICATION NO.275 OF 2011 Smt. Chhaya Ashok Kagawade & Anr. .... Applicants Vs. State of Maharashtra .... Respondent S/Shri A.P. Mundargi, Senior Counsel i/b Vinayak Patil for the Applicants. Ms P.P. Shinde, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: APRIL 21, 2011 P.C: 1. These are applications for anticipatory bail by persons who are running Balaji Petrol Pump and Ashok Automobile Petrol 2 ABAG-249.11 Pump at Ichalkaranji, Kolhapur. The allegation is that Balaji Petrol Pump had been closed down in the year 2008 because of the expiry of the licence granted to it. One of the partners of Balaji Petrol Pump is the son of Chhaya Kagawade, owner of Ashok Automobile Petrol Pump. Petrol and diesel meant for sale at Ashok Automobile Petrol Pump used to be diverted to Balaji Petrol Pump and used to be sold there. When the raid was actually conducted at Balaji Petrol Pump, however, the pump was closed and there was no customer. The statement of the manager of the pump, which has been recorded in the course of the investigation, shows that on 26-1-2011 the owner of Balaji Petrol Pump had told the manager and the other staff members to go on leave for 3-4 days keeping the pump closed and then at the time of the raid the pump was actually closed. It is not clear as to why this porous investigation machinery needs the applicants being in custody for the purpose of the investigation. The applications are therefore allowed. In the event of the applicants' arrest in C.R. No.8 of 2011 of Shivaji Nagar Police Station, Ichalkaranji, District Kolhapur, the applicants be released on bail on their furnishing P.R. Bond in the sum of Rs.50,000/- each with one or more 3 ABAG-249.11 solvent sureties in the sum aggregating to Rs. 50,000/- per person on the condition that the applicants shall report at the police station concerned on 27-4-2011 at 11:00 a.m. for interrogation and thereafter as and when required by the I.O.. The applicants shall produce all the relevant documents which may be in their custody and which may be requisitioned by the I.O. relating to supply of petrol and diesel and the sale of the articles at the two pumps. The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer and they shall not leave the country without the prior permission of the trial Court. 2. This order shall remain in force till the trial is over with the only stipulation that if charge-sheeted, the applicants may furnish fresh bond before the trial Court in view of the Judgment of the Supreme Court, dated 2-12-2010, delivered in Criminal Appeal No.2271 of 2010, arising out of SLP (Cri.) No. 7615 of 2009 {Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors.}. 4 ABAG-249.11 3. The applications accordingly stand disposed of. (R.C. CHAVAN, J.)