(1) CRI.APP. 3404.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3404 OF 2010 1. Ayesha w/o Yunus Shaikh, Age : 30 years, Occu.: Household and business, 2. Shaikh Yunus Shaikh Chand, Age : 37 years, Occu.: Business, Both R/o Village Mungi, Tq. Shevgaon, Tq. Ahmednagar, At present residing at Patel Nagar, Aurangabad .. Applicants VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Aurangabad (Copy to be served on Public Prosecutor, of District and Sessions Court, Aurangabad) .. Respondents Mr. R.S. Shinde, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 28TH SEPTEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicants seek anticipatory bail. 2. It may be mentioned at the outset that the application of original applicant no.2 came to be dismissed in limine vide order dated 31.8.2010. (2) CRI.APP. 3404.2010 3. The applicant no.1 Ayesha is registered owner of the truck vehicle which was found carrying sand excavated from the bed of Godavari river. The truck driver is missing and that is the only reason shown as to why her Application came to be dismissed by the Court of Sessions. The truck vehicle is already attached and penalty is imposed as stated by learned APP. It prima facie appears that though the truck vehicle stands in the name of the applicant no. 1-Ayesha, yet it was being operated by the original applicant no.2 i.e. her husband Yunus. It further appears that said Yunus had engaged driver to ply the truck vehicle. In other words, Yunus Shaikh is the de-facto owner and is concerned with the transportation business carried out by using the said truck vehicle. The applicant-Ayesha is a pardanashin woman and appears to be only a name lender. Hence, her custodial interrogation may not be necessary and particularly because she may not be able to shed light on whereabouts of the missing driver. (3) CRI.APP. 3404.2010 4. Considering the foregoing reasons, the interim order dated 31.8.2010 is confirmed on imposing condition that applicant-Ayesha shall attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. and shall co-operate with the Investigation Officer and may be interrogated for the purpose of obtaining information as regards the whereabouts of the missing driver and other details regarding the transaction of the transportation of the sand from the river bed. She shall attend the concerned Police Station for four consecutive Sundays or till filing of the report/charge-sheet, whichever is earlier. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp