Bombay High Court
Mohammed Abdul Sami S/O. Abdul Basit vs The State Of Maharashtra on 12 July, 2022
Author: S.G. Mehare
Bench: S.G. Mehare
922-aba-900-2022.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 900 OF 2022
Shahed Khan S/o Karim Khan Pathan ...Applicant
VERSUS
The State of Maharashtra ...Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO.909 OF 2022
Mohammed Abdul Sami s/o Abdul Basit ...Applicant
VERSUS
The State of Maharashtra ...Respondent
...
Mr. Shaikh Wajeed Ahmed, Advocate for the applicants.
Mr. S.B. Narwade, APP for the respondent-State.
...
CORAM : S.G. MEHARE, J.
DATED : 12th JULY, 2022.
PER COURT:-
1. Heard learned counsel for the applicants and learned APP
for the State.
2. Issue notice to the State, returnable on 26.07.2022.
Learned APP waives service of notice for the State.
3. Learned counsel for the applicants would submit that the
applicant Shahed Khan was the owner of the vehicle and Abdul Sami
was the auction purchaser of the sand. He further argued that the
truck owner has no concern with the incident as it was hired by the
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922-aba-900-2022.odt
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tenderer. No sand was found filled in the truck. The driver was in the
queue to obtain the transport pass, but the police have taken the raid
and seized the vehicles from the spot. The truck of the applicant has
been seized by the police, therefore, nothing is to be recovered and
discovered from him.
4. So far as the case of Mohammed Abdul Sami, the
tenderer is concerned, learned counsel for the applicants would point
out that the person appointed to issue the transport pass was present
on the spot. The police have seized the passbook from him. Without
the transport pass, the sand was not allowed to transport, but before
issuing the transport pass, the police have taken the raid and come to
the conclusion that illegal excavation has been done.
5. Per contra, the learned APP would point out that the so-
called passbooks were without date and the passes were blank. The
sand was excavated after the sunset which is prohibited as per the
contract. The blank transport pass cannot be used by the transporter
and it must be issued by the competent authority of the revenue
department. Everything was done to the knowledge of both the
applicants. Not only this, they have blocked the water flow to
excavate unauthorized sand from the river. The offence is serious.
The activities done by the tenderer are in contravention of the
contract. Huge loss have been sustained to the government.
Therefore, no interim protection may be granted.
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922-aba-900-2022.odt
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6. Perusal of the FIR reveals that in a raid conducted by the
police, various vehicles have been seized. The truck owned by the
applicant Shahed Khan was also found there in possession of his
driver. The blank transport passes were recovered from the person
appointed to issue transport passes. The entire allegations reveals
that the accused were about to commit theft of the sand after the
prohibited hours of excavation. The tenderer has the direct control
over the business of excavation. He has to answer how the blank
passes were in possession of his employee and how many times such
unauthorized excavation was done. Therefore, he may not be entitled
for interim protection. However, the role of the applicant Shahed
Khan is limited that he has merely let his vehicle to the tenderer to
transport. He has a good case for interim protection. Hence the
following order :
ORDER
(A) In the event of arrest, the applicant - Shahed Khan S/o Karim Khan Pathan in Bail Application No.900 of 2022, be released on interim bail, on executing P.B. and S.B. of Rs.25,000/- (Twenty Five Thousand) with one solvent surety in the like amount in Crime No.136 of 2022 registered with Parbhani Gramin Police Station, District Parbhani for offences punishable under Sections 379, 430, 431, 432, 439, 109 and 34 of the Indian Penal Code, Section 48(7)(8) of the Maharashtra Land Revenue Code and Section 3, 15 (1) (2) of ::: Uploaded on - 13/07/2022 ::: Downloaded on - 14/07/2022 05:51:49 ::: 922-aba-900-2022.odt (4) Environment Protection Act r/w Section 37(1), 135 of Maharashtra Police Act, on the condition that he shall attend the police station as and when called by the Investigating Officer on written notice and shall not tamper with the prosecution witnesses.
(S.G. MEHARE, J.) Mujaheed// ::: Uploaded on - 13/07/2022 ::: Downloaded on - 14/07/2022 05:51:49 :::