Gopal Brahmanlal S/O Narayan Brahmanlal v. The State Of Maharashtra

903-ABA-740-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.740/2025 GOPAL BRAHMANLAL S/O NARAYAN BRAHMANLAL ...APPLICANT VS THE STATE OF MAHARASHTRA ...RESPONDENT ...

Adv. R. M. H. Jabali for the Applicant.

Adv. Avinash A. Naik, APP for the State.

API P. K. Shiurkar, APMC Police Station.

...

CORAM

: RAJESH S. PATIL, J.

DATED : MARCH 18, 2025 P.C.:

1.

This is anticipatory bail application filed by the applicant in connection with C.R. No.381/2024 registered with APMC Police Station, for the offences punishable under Sections 62, 303 of Bharatiya Nyaya Sanhita, 2023 and Section 15 of the Petroleum and Minerals Pipeline Act, 1962.

2.

Crime was registered based on a report filed by the informant-manager of Petroleum Company. The manager is working in pipeline department of the Petroleum company. Based on information received that one pipeline running from Mumbai Oil Refinery at Mahulgaon (Chembur) to Manmad, the officials of the company visited the site on 6 September 2024, where, they found that there was a Harish

903-ABA-740-2025.doc leakage of diesel. Based on the visit, they took steps and they found that there is theft of at least 100 liters of diesel of the company, on the basis of which, the FIR was lodged.

3.

The learned counsel for the applicant submits that in the FIR, the name of the present applicant is not mentioned. He submits that accused no. 1 was arrested and granted regular bail. He further submits that the present applicant has no role to play in the crime. Only on the basis of 'memorandum punchanama' the name of the present applicant has been inserted.

4.

The learned APP has not answered the query put by this Court viz., whether there are any antecedents against the present applicant ?, whether any lead was given by arrested accused Riyaz Mulla ? as according to the APP, the investigating officer has come to the court without carrying the concerned papers with him. 5.

This is sorry stage of affairs where the investigating officer has come to the Court without preparation. I have no option but to adjourn the matter.

6.

Stand over to 19 March 2025.

(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 18/03/2025 19:10:51 Harish