( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4317 OF 2010 Koarbu Shaikh Hussain Jaffar, R/o Village Kasbe Tadwale, Tq. and Dist. Osmanabad. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. Rajendra S. Deshmukh, advocate for the applicant. Mr. P.P. More, APP for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th November, 2010] PER COURT : 1. By this application, the applicant seeks directions under section 438 of the Criminal Procedure Code. 2. The co-ordinate Bench (Potdar, J.) granted ad- interim protection vide order dated 26th October, 2010. The applicant apprehends his arrest in connection with Crime No. 52/2010 for alleged offences, punishable under section 409 and 379 of the I.P. Code. ( 2 ) 3. The FIR was lodged by one Vinayak Kshirsagar alleging that he had stored one (1) electric motor, fifteen (15) iron baskets, four (4) iron bars and six (6) brass of Shahabadi stones valued Rs. 9000/- within the premises of Manatha Police Station. He visited the Police Station on 20th June, 2010 with intention to take back the said construction material. He learnt from one Uttam Shinde that the applicant had taken away the construction material in a tempo vehicle bearing registration No. MH-26/H-6414 to his village. 4. Having heard learned advocate for the applicant and learned A.P.P. and on perusal of the relevant material, it prima facie appears that though the informant gathered information about taking away of the construction material by the applicant from one Uttam Shinde on 20th June, 2010, yet, no report was lodged up-till 15th September, 2010. It appears that the applicant was transferred from the Police Station. he challenged the transfer order on 7th July, 2010. He filed an application addressed to the Superintendent of Police on 8th September, 2010 that police constables Pandhare and Kazi alongwith S.C. Gaikwad and P.C. Phule had taken away the construction material and alleged that he had abused them. He alleged that he did not transport any of the construction ( 3 ) material but false application was obtained from the complainant because he had challenged the transfer and, therefore, the incoming P.S.O. was aggrieved. 5. There is prima facie material to infer that the FIR was filed after a long-drawn period of more than 3 months and the informant allegedly depended on oral information given by Uttam Shinde, who appears to be a man having dubious criminal record. It appears that the applicant had taken action against said Uttam Shinde in the past. The investigation papers do not show that the Police Officer had visited the house of applicant at village Tadwale where the construction material was shifted and utilized. Under these circumstances, arrest of the applicant is not required for effective investigation. He is likely to be humiliated due to the arrest. A Police Officer of the same Police Station apprehends the arrest by the another Police Officer of the same Police Station and the material prima facie shows delayed FIR prompted by some other reasons. 6. In view of foregoing reasons, the application is allowed. The applicant is directed to be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of ( 4 ) Rs. 20,000/- (rupees twenty thousand), alongwith a surety bond in the like sum before the Arresting Officer and on condition that he shall attend the concerned Police Station on each Sunday between 10 a.m. and 2 p.m. for three (3) consecutive Sundays hereafter and shall cooperate with the Investigating Officer by giving necessary information. [V.R. KINGAONKAR] JUDGE NPJ/criapln4317-10