Bombay High Court
Kiran S/O. Vijay Kale vs The State Of Maharashtra on 18 December, 2018
Author: V.L. Achliya
Bench: V.L. Achliya
924-ABA-1294-2018
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 ANTICIPATORY BAIL APPLICATION NO.1294 OF 2018
Kirran S/o Vijay Kale
Age: 35 Years, Occu: Agri,
R/o. Gavhandewadi, Tq. Shrigonda,
District Ahmednagar. ... Applicants
VERSUS
The State of Maharashtra
Through Police Station Parner
Tq. Parner, District Ahmednagar. ... Respondent.
....
Mr. N.G. Kale, Advocate for the Applicant.
Mr. P.K. Lakhotia, APP for Respondent-State.
....
CORAM : V.L. ACHLIYA, J.
DATED : 18 th DECEMBER, 2018 PER COURT:-
1. The applicant apprehending arrest in connection with offence U/sec. 379, 353 of IPC and U/sec. 3/15 of Environment Protection Act registered vide Crime No.I-307/2018 with Parner Police Station, Dist. Ahmednagar, preferred this application for anticipatory bail.
2. Heard the learned counsel for the applicant and the learned APP for Respondent-State. Perused the papers of investigation.
3. In brief, it is the contention of the learned counsel for the applicant that the applicant is falsely implicated in the case. There is a unexplained delay of more than 7-8 hours in registration of ::: Uploaded on - 24/12/2018 ::: Downloaded on - 25/12/2018 21:16:45 ::: 924-ABA-1294-2018 2 offence. Neither the applicant was present on the spot, nor he committed act to deter the public servants from discharge of their public duty. It is submitted that on 29.09.2018, the accused No.1 Tanaji Pandhare had left with the vehicle in the morning of 29.09.2018. The applicant had no contact with him on that day.
The accused no.1 was arrested on 11.10.2018 and produced before the Judicial Magistrate First Class at Parner. The investigation of the case is practically over. The vehicle allegedly involved in the incident is already seized and lying with Police Station Parner. The accused No.1 was arrested on 11.10.2018, released on bail. Custodial interrogation of the applicant is not required for the purpose of investigation. It is submitted that the applicant is having landed property at village Gavhanewadi, Tq. Shrigonda, Dist. Ahmednagar. There is no possibility of his abscondence. In this background, the learned counsel urged to enlarge the applicant on bail.
4. On the other hand, the learned APP opposed the application with contention that there a strong prima facie case to connect the applicant with the offence registered. On 29.09.2018, the complainant along with Sarika Baban Chattar, Mandal Adhikari and Khuda Babu Shaikh, Kotwal were proceeding from village Dhawalpuri towards village Vankute, they noticed one dumper white in colour without registration plate on Vankute Road. On suspicion they asked the deriver to stop the dumper. When they check the dumper. They found 4 brass of sand was loaded in said dumper. When enquiry was made with the driver of the said dumper, the driver has disclosed his name as Tanaji Pandhare (accused no.1) resident of Kedgaon, District Ahmednagar. He further disclosed that he has loaded the sand from river bed of river Mutha. He further disclosed that dumper is unregistered. When the complainant and Khuda Babu Shaikh, Kotwal were ::: Uploaded on - 24/12/2018 ::: Downloaded on - 25/12/2018 21:16:45 ::: 924-ABA-1294-2018 3 trying to take the dumper for further action, the applicant came there. He pushed Kuhda Babu Shaikh while he was trying to board the dumper. He asked the driver to unload the sand. He left the place with the dumper. On the basis of the complaint lodged, the aforesaid offence came to be registered. In the light of the overall facts of the case, the learned APP submits that the custodial interrogation of the applicant is necessary to find out the involvement of the applicant in commission of the offences of similar in nature as well as know the names of persons associated with him in commission of such types of offence.
5. In order to appreciate the submissions advanced, I have perused the complaint lodged by the informant as well as the Panchanama and the statements of the witnesses recorded during the course of the investigation. The evidence collected by the prosecution prima facie establish the complicity of the applicant in commission of offence. The fact is not in dispute that the dumper owned by the applicant was seized during the course of the investigation. The driver of the dumper who was found to be carrying four brass of sand extracted illegally from river bed of Mutha river and transporting the same came to be arrested in the case. The statement of informant clearly spell out that the applicant prevented the public servants from discharge of their public duty. The fact that the dumper used by the applicant found to be carrying sand which was illegally excavated from the river without registration number sufficient to infer that the theft of minor mineral was committed at the instance of present applicant. So also, the possibility of the applicant being involved in such activity of illegal extraction, theft and transportation of sand i.e. minor mineral cannot be ruled out. So also, there is every possibility of involvement of the associates of the applicant in commission of such offence. Looking to the nature of the ::: Uploaded on - 24/12/2018 ::: Downloaded on - 25/12/2018 21:16:45 ::: 924-ABA-1294-2018 4 offence, accusation against the applicant, I am of the view the custodial interrogation of the applicant is necessary. The released of the applicant on anticipatory bail would affect the on going investigation. I am therefore not inclined to grant anticipatory bail to applicant. Accordingly, the application is rejected.
( V.L. ACHLIYA ) JUDGE Sudhir Rane ::: Uploaded on - 24/12/2018 ::: Downloaded on - 25/12/2018 21:16:45 :::