1 Appln. 3770/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3770 OF 2010 Mr. Anil Kalyan Babar ]. Age : 32 years, Occ. Service, ] R/o : Warkute (M), ] Applicant Taluka Karmala, Dist. Solapur ] Vs. The State of Maharashtra ] Respondent Mr. Jaydeep D. Mane, Advocate for applicant. Mrs. P.H. Kantharia, APP for State-respondent. Coram : Smt. R.P. SondurBaldota, J. Date : 3rd September, 2010 P.C. 1. The applicant apprehends his arrest in C.R. No.151 of 2010 dated 29th May 2010 registered with Karmala Police Station for the offence punishable under Sections 394, 427 read with 34 Indian Penal Code. The complainant claims to have been working with Jai Jawan Jai Kisan Society as Manager. According to him, the credit society did not have funds to pay its members on maturity of their deposits with the society. Therefore, he had taken a loan of Rs.1,75,000/- from his friend and paid the depositors. The 2 Appln. 3770/2010 complaint, however, does not disclose the name of the friend from whom the loan had been taken. The complaint further states that when the complainant demanded the amount from the applicant, who is the Secretary of the Credit Society, he avoided to make the payment. Then on the date and time of the alleged incident, assaulted him and robed him of his gold chain weighing 3 tolas, gold ring of tola and cash of Rs.10,000/-. ½ 2. The applicant has produced xerox copy of Minute Book of the Credit Society, which shows that the complainant had been removed from service as Manager of the Credit Society, pursuant to the Resolution dated 27th February 2010. The reason for removal was that the complainant was not attending to the work properly and also used to remain absent frequently. By the same resolution, one Mahesh Dattatray Gawali was appointed as the Manager. This shows that the claim made by the complainant of working as Manager of the credit society is patently false claim. I have seen the Police papers. It is seen that as per the Police, incident of assault and robbery was witnessed by several persons. However, the statements recorded by the Police of these so-called witnesses are stereo type statements. Surprisingly every statement 3 Appln. 3770/2010 specifies weight of both the ornaments as also the extent of the cash allegedly removed from the pocket of the complainant. In my prima facie view, the complaint does not appear to be a genuine complaint. Hence, the application is allowed. In the event of his arrest in C.R. No.151 of 2010 dated 29th May 2010 registered at Karmala Police Station, for the offence punishable under Sections 494, 427 read with 34 Indian Penal Code, the applicant, Anil Kalyan Babar be released on P.R. bond of Rs. 15,000/- with one surety in the like amount. (Smt. R.P. SondurBaldota, J) (Smt. R.P. SondurBaldota, J)