Shaikh Faimoddin S/O. Sk. Fayazoddin v. The State Of Maharashtra

crap2818.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2818 OF 2017 Shaikh Faimoddin s/o Sk.Fayazoddin ... Applicant

VERSUS

The State of Maharashtra ... Respondent .....

Mr. S.J.Salunke, advocate for the applicant Mr. K.N.Lokhande, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 19th JUNE, 2017 O R D E R :

Heard learned counsel for the applicant and the learned A.P.P. for respondent.

2.

This is an application filed by the applicant under the provisions of Section 438 of the Criminal Procedure Code in connection with Crime No. 133 of 2017, registered with Majalgaon City police station for the offence punishable under Section 381 of the Indian Penal Code.

3.

One Mr. Vivekanand Panditrao Dhongade lodged complaint with police station Majalgaon stating that on 12.5.2017 at about 11.00 p.m. he

crap2818.17 opened all compartments of the Government godown and counted rice bags, on which he noticed that 49 bags were less. After inquiry, one of the coolie namely Ramesh Haribhau Gonge gave statement that on last Sunday i.e. on 7.5.2017 the applicant called Ramesh Gonge to open the lock of godown by duplicate key and thereafter 49 rice bags were taken away. On perusal of statement of Ramesh Gonge it appears that present applicant has opened the lock of the godown and 49 bags were taken in the vehicle of one Fayomuddin Shaikh. Hence, role of applicant is very much clear. Therefore, the applicant is not entitled for anticipatory bail. 4.

The Criminal Application is rejected.

(K.L.WADANE, J.) dbm/crap2818.17