1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 539 of 2010 Shirish Prakash Shelke ... Applicant versus The State of Maharashtra ... Respondent ... Mr.S.R.Borulkar with Mr.Manoj A. Patil for the applicant. Mr.A.S.Gadkari APP for the State. CORAM : D.G. KARNIK, J. DATED : 2nd March 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R.No. 1 of 2010 registered at Atapadi Police Station, District Sangli for an alleged offence punishable u/s.3 and 7 of the Essential Commodities Act and orders passed therein and section 120B r/w section 286 of the IPC. 3. The prosecution case is that on 3rd January 2010, on information, the police kept a vigil on an Essar Petrol Pump belonging to and/or conducted by one Mr.Sanjay Suryawanshi. A truck tanker bearing 2 registration No.MH-04-CA-2079 belonging to Jitendra Ahmed and driven by Himmat Shevale carrying naphatha came to the petrol pump for decanting thereby adultering the petrol. The owner and driver of the truck were apprehended on the spot. During the investigation, they revealed that “Mr.Shailesh Shelke” was a mediator or facilitator in the sale of a naphatha to the petrol pump owner. The present applicant viz. “Mr.Shirish Shelke” has applied for pre-arrest bail on the apprehension that he would be arrested. He firstly submitted that the allegations against the applicant were ex-facie as even his name was not known and a wrong name has been mentioned. Secondly, even assuming that there was an unintended error in mentioning the name, except for a statement of co-accused, there is no material whatsoever against the present applicant. Furthermore, the owner of the petrol pump who was to be the beneficiary of the proposed adulteration has been granted pre-arrest bail by the Sessions Court. Two other persons who are also stated to be condutes have also been granted pre-arrest bail by the Sessions Court. Taking into consideration these submissions, in my view, the applicant can be granted conditional pre-arrest bail. Hence, I pass the following order:- O R D E R In the event the applicant is arrested in connection with C.R.No. 1 of 2010 of Atapadi. police station, applicant be released on bail on his executing P.R bond of Rs.10,000/- with one surety of the like amount subject to the following conditions:- i) Applicant shall co-operate with the investigation. 3 ii) Applicant shall attend the office of the Investigating Officer Mr.Nikesh Khatmode Patil, Sub-Divisional Police Officer at Sangli City on 6th, 7th and 8th March 2010 between 11.00 a.m. and 5.00 p.m for the purpose of interrogation/investigation and shall thereafter attend the office of the I.O as and when specifically summoned. iii)Applicant shall inform in writing to the I.O his residential and mobile telephone numbers and shall intimate any change therein within 48 hours of the change. This order shall remain in force for a period of two months or till filing of the charge-sheet is filed,whichever is later. (D.G. KARNIK,J.)