cra3112.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3112 OF 2011 1) Shaikh Shakur Shaikh Shafi Jamadar, Age-46 years, Occu:Labourer, 2) Shaikh Mushir Shaikh Majid Maniyar, Age-38 years, Occu:Labourer, 3) Shaikh Shabbar Shaikh Shabbir, Age-34 years, Occu:Labourer, 4) Nashir Shah @ Lankesh Ahmed Shah, Age-40 years, Occu:Labourer, All R/o-Muktainagar, Tq-Muktainagar, Dist-Jalgaon. ...APPLICANTS. VERSUS The State of Maharashtra, Through Police Station, Muktainagar, Tq-Muktainagar, Dist-Jalgaon. ...RESPONDENT. ... Shri.Vijay B. Patil Advocate for Applicants. Shri.N.H. Borade, A.P.P. for Respondent. ... cra3112.11 2 WITH CRIMINAL APPLICATION NO.3257 OF 2011 Vikassing Gulabsing Rajput, Age-38 years, Occu:Labour, R/o-Muktainagar Dist-Jalgaon. ...APPLICANT. VERSUS The State of Maharashtra, Through Police Station, Muktainagar, Tq-Muktainagar, Dist-Jalgaon. ...RESPONDENT. ... Shri.Vijay B. Patil Advocate for Applicant. Shri.N.H. Borade, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 4TH AUGUST, 2011 PER COURT : 1. Both these Applications are filed for anticipatory bail in C.R. No.108 of 2011 registered in Muktainagar Police Station, Dist- cra3112.11 3 Jalgaon, for the offences punishable under Sections 384, 420, 171, 34 etc. of the Indian Penal Code. 2. Yesterday both the sides were heard and submission was made for the Applicants by their Advocate that he would withdraw the Applications if there are such instructions, as this Court had expressed that the Court is not inclined to grant relief. Today Advocate submitted that the order may be made on merits. 3. Crime is registered on the basis of report given by one Police Officer. Trap was laid on 26th June, 2011 on the basis of specific information that some persons were cheating by personation to the persons involved in transport business and they were also causing loss to the State exchequer. One Police Constable traveled with a truck. The truck had come from Madhya Pradesh. One driver who was known to the cra3112.11 4 driver of the vehicle in which the Constable was traveling, gave mobile number to the driver and after reaching the boundary of the State, this driver gave ring. One Maruti Omni vehicle was present near the boundary of the two States. The other driver informed that these persons were helping the drivers in showing other way and if the other road was used, it was possible to evade octroi, toll tax and other taxes. After giving the ring, two persons came near the truck. One person introduced himself as Vikas Rajput i.e. Applicant from the proceeding of Criminal Application No.3257 of 2011, and the other person was introduced as Balu Patil, the person who was arrested on the same day. Vikas Rajput represented that he was a Police Officer and for helping the drivers, Police Officers and R.T.O. Officers were acting together. Some persons were present near Omni Maruti Van and their names were given as Shakur Jamadar, Mushir Maniyar, Sabdar Driver, Lankesh Shah etc. There was specific information cra3112.11 5 against Balu Patil, Vikas Rajput, Shakur Jamadar, Mushir Maniyar and Lankesh Shah. There are allegations that the Applicants from proceeding of Criminal Application No.3112 of 2011 were representing themselves as Officers of R.T.O. Department, Maharashtra. On that day, Balu Patil took the truck by using other way and after the truck entered boundary of Maharashtra, Balu Patil took Rs.1,000/- from the driver. The truck was virtually given escort on that road. As the trap was effected, Balu Patil could be arrested immediately. 4. There are statements of Police Officers and there is report given by the Police Constable who had travelled in the truck to witness everything. The police papers show that by using this modus operandi, they were collecting money from the transporters for many days. It was submitted that it is not a case of extortion as the threat etc. was not given to the driver. Such cra3112.11 6 argument cannot be considered at this stage. By personation, the persons were cheated and the amount was extracted. Loss was caused to the State exchequer also. Possibility of involvement of other persons including some officers, cannot be ruled out in such cases, if by using this modus operandi the Applicants were collecting money from the transporters. For this purpose, custodial interrogation is necessary. Both the Applications are devoid of merits. Both the Criminal Applications are rejected. Interim relief granted earlier, stands vacated. [T.V. NALAWADE, J.] asb/AUG11