1 CR.APL NO.801/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 904. APPLN/801/2011 ISHWAR YEDUBA BHALERAO [Criminal] V/S THE STATE OF MAHRASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.S.Panale, Adv., for the applicant. Mr.N.B.Patil, APP for State. Mr.S.J.Salunke, Adv., for R.2. ... CORAM: K.U.CHANDIWAL, J. DATE:6/4/2011 1. Heard finally. 2. One Premsing supports the events and additionally informs that the accused/applicant was under influence at the material time, when the vehicle of the complainant was stopped on a clash between the complainant accused/applicant and his associate. The keys of vehicle, and gold chain was allegedly robbed. 3. The two colleagues of the accused/applicant were arrested, released, however, they informed to the investigator that the snatched/robbed gold chain and keys of the four wheeler are with the 2 CR.APL NO.801/2011 accused/applicant. 4. Learned A.P.P. submits, these items are yet to be recovered. He informs that the accused/applicant is in habit of exerting threats and extorting money from industrialists. 5. Reference to Crime No.159/2006 for an offense under Section 307 of IPC was given. Mr.Panale submits that, it is withdrawn, by virtue of the Government directives, however, no proof to this effect. 6. Survey of above events illustrate, since recovery of gold chain and keys of the four wheeler are to be made from the accused/applicant, the discretion in terms of Section 438 of Cr.P.C. need not be showered. Application rejected. (K.U.CHANDIWAL) JUDGE ... AGP/801-11crapl