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Bombay High CourtAPPLN/2304/2016dismissed

Dnyaneshwar S/O. Nivrutti Khole v. The State Of Maharashtra And ANR.

2016-04-28Hon'Ble Kum. Justice I.K. Jain2 pages

910 appln.2304.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 2304 OF 2016 DNYANESHWAR S/O. NIVRUTTI KHOLE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. K. D. Bade Patil. APP for Respondent : Mr. R. B. Borulkar.

...

CORAM :

INDIRA K. JAIN, J.

DATE :

28th April, 2016.

O R D E R:

.

This is an application for pre-arrest bail in Crime No.21 of 2016 registered at Shirur Police Station, Taluka Shirur, District Beed for the offence punishable under Section 379 read with 34 of the Indian Penal Code.

Heard the learned counsel for parties. Perused papers of investigation.

First informant Nilesh Pandurang Garje alleged in FIR that on 20th January, 2016 three persons had stolen the truck owned by him and said truck was sold to present Applicant. Stolen truck is not yet recovered. Applicant made a statement before learned Additional Sessions Judge, Beed that he is owner of the said truck. Learned

910 appln.2304.16.odt counsel for Applicant submits that Applicant is not the owner of truck and stolen truck was not sold to him. It shows that contrary stand is raised by Applicant. Papers of investigation would indicate that custodial interrogation of Applicant is necessary and grant of protection would hamper the smooth course of investigation. In this premise application deserves to be dismissed. Hence the following order -

O R D E R

Criminal Application No.2304 of 2016 stands dismissed. [ INDIRA K. JAIN, J. ] ndm