Rajkumar Kalyanprasad Jaiswal @ Pankaj Bhai v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1421 OF 2022 Rajkumar Kalyanprasad Jaiswal @ Pankaj Bhai .... Applicant
Versus
The State of Maharashtra and another .... Respondents ......
Mr. N.L. Choudhari, Advocate for the Applicant Mr. A.V. Deshmukh, APP for Respondents - State ......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 01st FEBRUARY, 2023 ORDER :
1.
The applicant apprehends his arrest in connection with Crime No.0123 of 2022 registered with Chalisgaon Road Police Station, District Dhule for the offences punishable under sections 420, 421, 424, 464, 465, 468, 471, 483, 489 read with 34 of the Indian Penal Code and section 192 of the Motor Vehicles Act.
2.
Police Naik Rahul Pramod Sanap attached to Local Crime Branch, Dhule lodged report on 19/05/2022 stating that on 17/05/2022, he along with other police personnel were present in the office of Local Crime Branch. Police Inspector
Hemant Patil informed that he has received secret information that one person by name Shaikh Sajid Shaikh Abdul doing work of transport commission agent, resident of Iqra Colony, House No.25, Chalisgaon Road, Dhule has parked 2 trucks bearing No.GJ-08/AU-7698 and MH-38/X-2602 opposite to his house, and one Premraj Pandit Patil @ Chhotu, resident of Vita Bhatti, Deopur, Dhule has parked 8 trucks on the vacant plot owned by Mr. Gulab Mali resident of Old Dhule. Chassis numbers and Engine numbers of all 10 trucks are tampered and forged. Accordingly, they went to the spot and verified the said trucks. They found that engine numbers and chassis numbers of the said trucks were tampered. On inquiry, Shaikh Sajid disclosed that one Ashok Dube resident of Jaipur has supplied these trucks to him for sale. Accordingly, investigation was initiated. During the course of investigation, name of the applicant was transpired.
3.
Heard the learned advocate for the applicant and learned Additional Public Prosecutor for respondents. Perused the investigation papers.
4.
On 16/07/2022, charge-sheet is filed in the the present case, and the case is numbered as RCC No.509 of 2022. Perusal of charge-sheet reveals that, prima facie, there is no sufficient material to show the involvement of the applicant in the present crime. Name of the applicant is taken by co-accused who used to tamper the engine and the chassis numbers of stolen trucks, except that there is no material against the applicant.
5.
The applicant is a businessman and permanent resident of Nagpur. The applicant was granted interim protection and he has co-operated in the investigation. Nothing is to be recovered from the applicant. In the facts of the present case, pre-trial custodial detention of the applicants is not necessary.
6.
In the result, application is allowed by confirming interim protection.
7.
The applicant shall not tamper prosecution evidence. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane