( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3229 OF 2010 Sanjay Rajendra Karad APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. P.R. Nangare, advocate for the applicant. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 24th August, 2010] PER COURT : 1. This is an application filed under section 438 of the Criminal Procedure Code. The applicant’s similar application filed before the Sessions Court came to be rejected. 2. Having heard learned counsel for the applicant and on going through the recitals of the FIR as well as the order of the learned Sessions Judge, it is manifest that a Tata Sumo jeep vehicle of the complainant bearing registration No. MH16- R2196 was stolen away from front of his residential house in the night between 28th and 29th of March, 2010, probably in the ( 2 ) early hours and the same was found in the custody of the applicant. The applicant alleged that the Tata Sumo vehicle was purchased by him from some unknown person. He did not explain identity of such unknown person. It is difficult to prima facie believe that such a vehicle could be purchased from unknown person and without verification of the ownership, registration and other documents. Therefore, though the applicant is not named in the FIR and suspicion was expressed only against the driver, yet, the fact that the vehicle was in the custody of the applicant and still the recovery could not be effected, would go to show that there is prima facie case against him. No substance. The application is dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln3229-10