Bombay High CourtABA/70/2016allowed

Atash S/O Iqbal Khawaja v. State Of Maharashtra Through Police Station Officer, Kalamb

2016-04-11Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba70.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.70/2016 Atash s/o Iqbal Khawaja ..Versus..

State of Maharashtra, through Police Station Officer, Kalamb, Distt. Yawatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 11.4.2016 Heard Shri S.V. Sirpurkar, advocate for the applicant and Shri S.B. Bissa, A.P.P. for the non-applicant. The applicant apprehends arrest in crime registered against him for the offence punishable under Section 139(1)(k) of the Electricity Act on the accusations that huge quantity of copper wire, copper tower cable, steel poles, alluminium wire and certain parts of transformer are found stored at the godown of the applicant who is doing the business of scrap material.

Shri Sirpurkar, learned advocate has submitted that the applicant has co-operated with the investigation and the investigation is complete and charge-sheet is filed on 16th February, 2016.

2 aba70.16 Although the learned A.P.P. has opposed the application on the ground that the articles/material found in the godown of the applicant might be stolen articles/material, the non-applicant has not been able to point out that any crime is registered in that regards.

Considering the facts on the record and as the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the interim order granted on 4th February, 2016 is required to be confirmed. Hence, the following order:

(i) In the event of arrest in Crime No.3109/2015 registered by the non-applicant, the applicant be released on bail on furnishing P.R. bond for Rs.10,000/- (Rs. Ten Thousand Only) and one solvent surety in the like amount.

(ii) The application is allowed in the above terms. JUDGE Tambaskar.