{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3430 OF 2009 Prasanna s/o Dilip Kasliwal (Jain) Age-30 years, Occ-Business R/o “Hirakaka” Building Chaurah, Aurangabad APPLICANT VERSUS The State of Maharashtra Through Kadim Police Station Jalna RESPONDENT ....... Ms.Netrali Jain, Advocate for the applicant Mr.N.B.Patil, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 4 th December 2009 PER COURT: 1. Present criminal application is moved by the applicant for his release on anticipatory bail in the event of his arrest in connection with CR No.158/2009 registered with Kadim Police Station, Jalna for an offence punishable u/s 406 r/w 34 of the IPC. 2. Earlier, the applicant has tendered an affidavit of {2} original complainant stating that the original complainant has no grievance against the present applicant. Today, learned APP has submitted a report received from the Kadim police Station, Jalna along with the statement of the original complainant. The statement of the original complainant discloses that the complainant has no grievance against the applicant and he does not want to prosecute the applicant. However, though the statement of the complainant is recorded, yet report u/s 169 of the Criminal Procedure Code is not filed before the trial court. 3. Interim relief is already granted to the applicant in connection with the present offence. Considering the peculiar facts of the case, the application is allowed. The interim relief granted on 08.10.2009 is hereby confirmed and the same will remain in force till prosecution files report u/s 169 of the Criminal Procedure Code. Present application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3430-09