- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 862 OF 2008 Hitesh Popatlal Gandhi Applicant Vs. State of Maharashtra Respondent Mr. A. P. Mundargi, Advocate for the applicant. Mr. S. S. Pednekar, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 24, 2008. PC 1. Heard. 2. The applicant has been arrested on 29th February 2008 in connectio with C.R. No. 38 of 2008 registered with Khadak Police Station, district Pune for the alleged offence punishable under section 143, 147, 148, 353, 332, 504, 506 of Indian Penal Code. 3. The prosecution case in short is that, on 27th February 2008 staff in Octroi department of Pune Municipal Corporation received information that one vehicle bearing registration No. HR 46-G 9435 carrying timber had entered the city without payment of octroi and was being unloaded in the shop of H. Popatlal and sons, at 96 Timber market, - 2 - Pune. Accordingly, octroi squad of the Corporation went to the site for checking where about 10-12 persons obstructed checking work and Mr. Popatlal Gandhi ran away with the truck. The applicant who is son of Popatlal was arrested in connection with the crime. 4. The applicant was not named in the First Information Report. No person has identified the applicant as the person who obstructed the persons of the octroi staff. Mr. Popatlal who was owner of the shop has not been arrested. On my querry, learned APP submited that as no witness could identify Popatlal, he was not arrested. If so, the APP could not specify why the applicant was arrested without he being identified or named in the F.I.R. Identification was not held in respect of present applicant. 5. In the circumstances, as prima-facie there is no material connecting the applicant to any crime, the applicant is entitled to the bail. Hence, I pass following order. _O_R_D_E_R_ . Applicant be released on bail, on furnishing personal bond of Rs.20,000/- with two sureties in the like - 3 - amount, subject to the condition that applicant shall report to the concerned police station once a month between 1st to 5th day of British calender month till conclusion of the trial. . It is made clear that all observations herein are prima-facie and the trial Judge shall not be influenced by any of them at the time of trial. Sd/- [ D. G. KARNIK, J.]