MOHAN DATTATRAYA KATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) BY this application, the applicant seeks pre-arrest bail in connection with an offence registered against him at Juna Rajwada police station, Kolhapur under C.R. No.89 of 2007 for alleged offence punishable u/s.454, 380, r/w section 34 of the IPC. BY an order of the court dated 28th November 2007, the original complainant was joined as a party to the application and notice was issued to him. The original complainant was served by a telegram dated 13th February 2008 and an affidavit of service is filed on record. The original complainant is absent though served.

(3.) PERUSAL of the FIR dated 12th July 2007 shows that the complainant had met the applicant on 24th June 2007 near Ganesh Mandir. Keys of the locks of the premises in question were taken by the applicant from the complainant at that time. The complainant lodged complaint thereof to the Police Superintendent on 25th June 2007. On 4th July 2007, the complainant was allegedly called by the applicant by making a call on his mobile phone. When the complainant went there, he noticed that the doors of the hotel were open and goods and articles were being removed and loaded in a truck. According to the complainant, dispossession and removal of the goods took place in his presence on 4th July 2007. Despite this, he did not file any FIR till 12th July 2007. The delay in lodging of the FIR is not satisfactorily explained. Furthermore, according to the complainant keys were taken from him by the applicant on 24th June 2007 itself i.e. 10 days prior to the alleged dispossession and theft.