( 1 ) Cri.Appln5112-5124-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5112 OF 2010 Aarif Mehboob Khan, R/o Mukundnagar, Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. Vijay Sharma, advocate for the applicant. Mr. D.V. Tele, APP for the respondent/State. .... WITH CRIMINAL APPLICATION NO. 5124 OF 2010 Kondiba s/o Sahebrao Bargaje, R/o Londhewadi, Sonewadi Road, Kedgaon, Ahmednagar. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Smt. Sadhana S. Jadhav, advocate for the applicant. Mr. D.V. Tele, APP for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd December, 2010] PER COURT : 1. These are applications for anticipatory bail. 2. Heard learned advocates for the applicants and learned A.P.P. ( 2 ) Cri.Appln5112-5124-10 3. On basis of secret information, the police staff members visited a petrol pump situated in the outskirts of Ahmednagar city, in the area called `Pandhari Pul'. They found that a kerosene tanker vehicle No. MH-16-Q-4214 was being emptied in a tank of the petrol pump. The driver of the tanker vehicle fled away but the person who was getting it emptied in the tank of the petrol pump was caught on the spot. The proprietor of the petrol pump i.e. Raviraj Gadakh was caught red-handed. It was noticed that the blue coloured kerosene which is meant for distribution through P.D.S. (Public Distribution System), was being mixed up with the petrol in the tank. The police collected samples of the adulterated petrol, the blue coloured kerosene and the documents which indicated that driver of the tanker vehicle was one B.R. Jaibhay. It was noticed that the tanker was scheduled for reaching the kerosene at Beed, but was diverted to M/s Ravindra Highway Services i.e. Gadakh Petrol Pump with ill- intention to facilitate spurious admixture of the petrol and the blue coloured kerosene. 4. According to the applicants, they are unconcerned with the process of diverting the tanker vehicle to Gadakh ( 3 ) Cri.Appln5112-5124-10 Petrol Pump in the relevant evening. They submitted that they have been framed in the criminal case without their concern with the alleged crime. 5. Having heard learned advocates for the applicants and learned A.P.P., and on perusal of the investigation papers, it prima facie appears that applicant Aarif is the Manager of M/s Partani Brothers to whom the work of distribution was assigned. The kerosene tankers were sent through M/s Renuka Transport Services, Ahmednagar. It appears that the tanker was directed to be used for delivery of the blue coloured kerosene from Akolner Deport of Ahmednagar to Ashti. The applicant Aarif seems to have called for explanation from M/s Renuka Transport Services as to why the tanker vehicle was not reportedly reached to the Ashti office where the delivery was expected to be made. There is no tangible material to reach conclusion that applicant Aarif Mehboob had given instructions to divert the tanker vehicle, on the way, towards Gadakh Petrol Pump. His immediate action reveals that he inquired with the Transport Agency without loss of time as to why the consignee had not reached the destinee. His involvement in the alleged crime is, therefore, doubtful. His arrest is not necessary for any effective ( 4 ) Cri.Appln5112-5124-10 investigation. Hence, applicant Aarif Mehboob is entitled to seek the anticipatory bail. 6. Coming to the application filed by applicant Kondiba Bargaje, it may be stated that he is the proprietor of M/s Renuka Transport Services i.e. the contractor who had accepted the consignment. It is the contention of applicant Kondiba that by virtue of an agreement dated 6the February, 2008, which was entered into between himself and driver by name Babasaheb Jaibhay. The transport vehicle bearing registration No. MH-16-Q-4214 was agreed to be alienated to said Babasaheb alias B.R. Jaibhay. Thus, according to applicant Kondiba, the tanker vehicle was with said B.R. Jaibhay as de facto owner though the de jure ownership was yet to be transferred as per the terms of the agreement since he depended on payment of remaining consideration. It is, therefore, argued that applicant Kondiba is unconcerned with the alleged diversion of the tanker vehicle towards Gadakh Petrol Pump. 7. The case put forth by applicant Kondiba gives fishy smell. The investigation papers prima facie show that statement of the driver i.e. Babasaheb Jaibhay was recorded. He seems to have disclaimed any concern with the ownership of ( 5 ) Cri.Appln5112-5124-10 said tanker vehicle. His version purports to show, prima facie, that he was called upon to sign the document under false pretext that the same was required for the purpose of filing application for anticipatory bail. He narrated that on 15-11-2010, applicant Kondiba and one person approached him alongwith stamp paper of Rs. 100/- and obtained his signature. He further narrated that he had never gone to Pune and never signed the document in presence of any Notary Public as such. There is a reason to infer, prima facie, that the so called agreement dated 06-02-2008, is brought about in existence after the registration of the crime. This conduct of applicant Kondiba reflects his guilty mind and involvement in the alleged crime. In any case, such a person, who indulges in preparation of the documents in order to obtain the anticipatory bail, is not entitled to claim any discretionary relief. The discretionary relief is available only to those who come before the Court with clean hands. The application of Kondiba i.e. Criminal Application No. 5124/2010 is, therefore, liable to be rejected. 8. In the result, the Criminal Application No. 5112/2010, filed by applicant Aarif, is allowed. He is directed to be released on bail, in the event of his arrest, ( 6 ) Cri.Appln5112-5124-10 as per the terms of interim order dated 10th December, 2010, whereas the application filed by applicant Kondiba i.e. Criminal Application No. 5124/2010 stands dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln5112-5124-10