1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (ABA) NO. 317 OF 2011 WITH CRMINAL APPLICATION (ABA) NO. 318 OF 2011 (ASHPAQ ALI RAMZAN ALI...VS..STATE OF MAH. THR. PSO KORADI.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.M.Patwardhan, Advocate for Applicant. Mr. V.A.Thakre, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : NOVEMBER 16, 2011. Heard both sides. Both the applications are being disposed of by this common order since the facts and issue involved are common. At Koradi there is a temple of Goddess Mahalaxmi and during Navratri festival devotees visit in large number. To conduct a cycle and scooter stand one Sanjay Sarode was allotted land. It was conducted in the name of “FRIENDS CYCLE AND SCOOTER STAND”. On 16.10.2010 one Sanjay parked his Hero Honda Splendor motor cycle in the said cycle stand and paid charges of Rs.10/- for the same. When he returned his motor cycle was not found there. On 28.10.2010 he lodged first information report. Similarly, on 17.10.2010 one Umesh parked his Hero Honda motor cycle in the Friends Cycle and Scooter Stand by paying Rs.10/- and when he returned he did not find his vehicle. He went to the Police Station on 28.10.2010 and lodged the first information report. 2 Admittedly, the land for running the cycle stand was allotted to Mr. Sanjay Sarode. It is not disputed that Sanjay Sarode was responsible for conducting Friends Cycle and Scooter Stand and both the receipts seized by the Investigating Officer pertain to the said cycle and scooter stand. It is therefore, contended that the present applicant Ashpaq has no concern with the said cycle stand. The fact remains that the present applicant was not actually present when both the vehicles were parked. Some employee was actually managing the cycle and scooter stand. In that light of the matter, both the applications will have to be allowed in the following terms : In the event of arrest in Crime No. 137/2010, and 136/2010, registered with Police Station, Koradi, District : Nagpur for the offence punishable under Section 406 read with Section 34 of the Indian Penal Code, the applicant is directed to be released on his executing P.R. bond in the sum of Rs.Twenty Five Thousand with two solvent sureties in the like amount, in each case, with condition to attend Police Station, Koradi for a period of one week starting from 17.11.2011, as and when called by the Investigating Officer. Both the applications stand disposed of accordingly. Hamdast granted. JUDGE RR..