SHEIKH SHABBIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant who is accused in Crime No. 127 of 2010 registered with the Police Station Chikhali District Buldhana for the offences punishable under sections 409, 436, 201 and 204 of Indian Penal Code is seeking bail pending trial.

(2.) THE applicant was holding the post of Head Constable in the State Police Force. During the period from 9-6-2007 to 9-9-2009 he was Head Moharir in charge, that means in-charge of Malkhana where the seized properties are deposited. The applicant tampered with three muddemal properties which were gold, silver ornaments and the cash amount. He thus mis-appropriated the Government properties worth more than Rs. 11,23,946/-. He was then transferred from Chikhali to Malkapur Police Station. However, he was avoiding to handover the charge. It is alleged that with the motive to destroy evidence of misappropriation on 5-9-2010 at about 10.10 p.m. the accused by using kerosene oil set on fire the Muddemal Room. On the basis of the F. I. R. lodged by Police Sub Inspector attached to Police Station Chikhali, offence came to be registered.

(3.) LEARNED counsel for the applicant contended that because of incomplete charge-sheet submitted before the learned Magistrate an indefeasible rights conferred under section 167(2) of Criminal Procedure Code has been accrued to the applicant. He, therefore, prayed for bail on the ground of default.