{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2981 OF 2010 Pralhad Suryakantrao Hoke APPLICANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. S.J.Salunke, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 2nd August 2010 PER COURT: 1. By preferring the present criminal application, the applicant has prayed for anticipatory bail in the event of his arrest in connection with CR No.2/2010 registered with Majalgaon (Rural) police station for an offence punishable u/s 3 and 7 of the Essential Commodities Act. 2. Heard learned counsel for the applicant followed by learned APP. Perused the papers of investigation. 3. This offence is registered on the complaint of one {2} Ashok Navale, PSI, attached to the office of Sub Divisional Police Officer, Majalgaon. It is alleged in the complaint that on receipt of information, a tempo bearing No.MH-16 / AE-2824, carrying 100 bags of wheat to sale in black market along with three persons, was intercepted at about 12.30 on 24.06.2010. Statements of all the three persons who were in the tempo are recorded. The driver of the said tempo has stated that he does not know the name of the person to whom the goods were to be delivered. It is stated that these goods were to be unloaded at the shop of the applicant. On the basis of this disclosure statement in the complaint, name of the applicant is disclosed as the person to whose shop the said goods were to be unloaded and hence apprehending arrest in connection with this offence he had approached the lower court, however as he could not succeed, and hence he is before this Court praying for anticipatory bail. 4. Learned counsel for the applicant has produced a certificate issued by Krishi Utpanna Bazar Samiti, Majalgoan, showing that no valid permit is issued to the applicant to run a food grain shop. Even in the papers of investigation it is nowhere disclosed that the applicant is running a shop at all. Thus, considering the state of affairs that the applicant is not dealing with or doing any business of food grains nor he is running a shop, one cannot rely only on the statement of the driver, at least at this stage. In substance, case is made out by the applicant to enlarge him on anticipatory bail. {3} 5. In the result, application is allowed. In the event of arrest of the applicant, in connection with CR No.2/2010, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant is directed to cooperate the investigating agency and to attend the concerned police station, if required, on written intimation. Application stands disposed of accordingly. Parties to act on the authenticated copy of this order. This protection is granted till filing of the charge sheet. [A.V.POTDAR, J.] drp/B10/criapln2981-10 {4} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3005 OF 2010 Shaikh Javed s/o Shaikh Rauf APPLICANT VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr. S.J.Salunke, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 2nd August 2010 PER COURT: 1. Learned counsel for the applicant, on instructions, seeks leave to withdraw the present criminal application. Leave granted. Accordingly, criminal application stands dismissed as withdrawn. [A.V.POTDAR, J.] drp/B10/criapln2981-10